Proposed 2013 MSGP

United States Environmental Protection Agency (EPA)

National Pollutant Discharge Elimination System (NPDES)

MULTI-SECTOR GENERAL PERMIT FOR STORMWATER DISCHARGES 

ASSOCIATED WITH INDUSTRIAL ACTIVITY (MSGP)

In compliance with the provisions of the Clean Water Act (CWA), as amended (33 U.S.C. 

1251 et seq.), operators of stormwater discharges associated with industrial activity located in an 

area identified in Appendix C where EPA is the permitting authority are authorized to discharge 

to waters of the United States in accordance with the eligibility and Notice of Intent (NOI) 

requirements, effluent limitations, inspection requirements, and other conditions set forth in this 

permit. This permit is structured as follows: 

• General requirements that apply to all facilities are found in Parts 1 through 7; 

• Industry sector-specific requirements are found in Part 8; and 

• Specific requirements that apply in individual states and Indian country are found in Part 

9. 

The Appendices (A through P) contain additional permit conditions that apply to all 

operators covered under this permit. 

This permit becomes effective on [insert date of final permit signature]. 

This permit and the authorization to discharge expire at midnight, [insert date 5 years from 

date of final permit signature]. 

Name

Title, EPA Region 1

Signed and issued this Xth day of X, 2013

 

Name

Title, EPA Region 2 Caribbean Office

Signed and issued this Xth day of X, 2013

Name

Title, EPA Region 3

Signed and issued this Xth day of X, 2013

Name

Title, EPA Region 5

Signed and issued this Xth day of X, 2013

Name

Title, EPA Region 6

Signed and issued this Xth day of X, 2013

Name

Title, EPA Region 7

Signed and issued this Xth day of X, 2013

Name

Title, EPA Region 8

Signed and issued this Xth day of X, 2013

Name

Title, EPA Region 9

Signed and issued this Xth day of X, 2013

Name

Title, EPA Region 10

Signed and issued this Xth day of X, 2013
Proposed 2013 MSGP 

NPDES MULTI-SECTOR GENERAL PERMIT FOR STORMWATER

DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY

TABLE OF CONTENTS

1. Coverage Under this Permit.......................................................................................................... 1

1.1 Eligibility. ......................................................................................................................................... 1

1.1.1 Facilities Covered. ........................................................................................................................ 1

1.1.2 Allowable Stormwater Discharges. ........................................................................................... 1

1.1.3 Allowable Non-Stormwater Discharges. .................................................................................. 2

1.1.4 Limitations on Coverage............................................................................................................. 3

1.1.4.1 For Discharges Mixed with Non-Stormwater. ................................................................ 3

1.1.4.2 For Stormwater Discharges Associated with Construction Activity. ........................... 3

1.1.4.3 For Discharges Currently or Previously Covered by Another Permit. ......................... 3

1.1.4.4 For Stormwater Discharges Subject to Effluent Limitations Guidelines. ...................... 4

1.1.4.5 Endangered and Threatened Species and Critical Habitat Protection. .................... 4

1.1.4.6 Historic Properties Preservation....................................................................................... 5

1.1.4.7 Eligibility for New Dischargers: Based on Water Quality Standards. .......................... 6

1.1.4.8 Eligibility for New Dischargers to Water-Quality Impaired Waters.............................. 6

1.1.4.9 Eligibility for New Dischargers to Waters with High Water Quality. ............................. 7

1.1.4.10 For Discharges to a Federal CERCLA Site....................................................................... 7

1.2 Authorization Under this Permit. ................................................................................................... 8

1.2.1 How to Obtain Authorization...................................................................................................... 8

1.2.1.1 Submitting Your Notice of Intent (NOI)........................................................................... 8

1.2.1.2 How to Submit Your NOI................................................................................................... 8

1.2.1.3 Deadlines for Submitting Your NOI and Your Official Date of Permit Coverage....... 8

1.2.2 Continuation of Coverage for Existing Permittees After the Permit Expires. ..................... 9

1.2.3 Coverage Under Alternative Permits...................................................................................... 10

1.2.3.1 Denial of Coverage for New or Previously Unpermitted Facilities. ........................... 10

1.2.3.2 Loss of Authorization Under the 2013 MSGP for Existing Permitted Facilities. .......... 10

1.2.3.3 Operator Requesting Coverage Under an Alternative Permit. ................................. 10

1.3 Terminating Coverage. ............................................................................................................... 11

1.3.1 Submitting a Notice of Termination (NOT)............................................................................. 11

1.3.2 How to Submit Your NOT. .......................................................................................................... 11

1.3.3 When to Submit Your NOT......................................................................................................... 11

1.4 Conditional Exclusion for No Exposure. .................................................................................... 11

1.5 Permit Compliance...................................................................................................................... 11

2. Control Measures and Effluent Limits......................................................................................... 12

2.1 Control Measures......................................................................................................................... 12

2.1.1 Control Measure Selection and Design Considerations. .................................................... 12

2.1.2 Non-Numeric Technology-Based Effluent Limits (BPT/BAT/BCT)......................................... 13

2.1.2.1 Minimize Exposure. ......................................................................................................... 13

2.1.2.2 Good Housekeeping...................................................................................................... 13

2.1.2.3 Maintenance................................................................................................................... 14

2.1.2.4 Spill Prevention and Response. ..................................................................................... 14

2.1.2.5 Erosion and Sediment Controls. .................................................................................... 15

2.1.2.6 Management of Runoff. ................................................................................................. 15

2.1.2.7 Salt Storage Piles or Piles Containing Salt. ................................................................... 15

2.1.2.8 Employee Training. ......................................................................................................... 15

2.1.2.9 Non-Stormwater Discharges.......................................................................................... 16

2.1.2.10 Dust Generation and Vehicle Tracking of Industrial Materials.................................. 16

2.1.3 Numeric Effluent Limitations Based on Effluent Limitations Guidelines. ............................ 16

2.2 Water Quality-Based Effluent Limitations. ................................................................................. 17

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Proposed 2013 MSGP 

2.2.1 Water Quality Standards. .......................................................................................................... 17

2.2.2 Discharges to Water Quality-Impaired Waters. .................................................................... 17

2.2.2.1 Existing Discharge to an Impaired Water with an EPA-Approved or 

Established TMDL............................................................................................................. 17

2.2.2.2 Existing Discharge to an Impaired Water without an EPA-Approved or 

Established TMDL............................................................................................................. 18

2.2.2.3 New Discharge to an Impaired Water. ........................................................................ 18

2.2.3 Tier 2 Antidegradation Requirements for New or Increased Dischargers. ...................... 18

2.3 Requirements Relating to Endangered Species and Historic Properties............................... 18

3. Inspections.................................................................................................................................... 18

3.1 Routine Facility Inspections. ....................................................................................................... 18

3.1.1 Exceptions to Routine Facility Inspections for Inactive and Unstaffed Sites. ................... 19

3.1.2 Routine Facility Inspection Documentation. ......................................................................... 20

3.2 Quarterly Visual Assessment of Stormwater Discharges......................................................... 20

3.2.1 Quarterly Visual Assessment Procedures................................................................................ 20

3.2.2 Quarterly Visual Assessment Documentation. ...................................................................... 21

3.2.3 Exceptions to Quarterly Visual Assessments. ......................................................................... 21

4. Corrective Actions....................................................................................................................... 22

4.1 Conditions Requiring SWPPP Review and Revision to Eliminate Problems............................ 22

4.2 Corrective Actions and Deadlines. ........................................................................................... 23

4.2.1 Immediate Actions. .................................................................................................................... 23

4.2.2 Subsequent Actions. .................................................................................................................. 23

4.3 Corrective Action Documentation. ........................................................................................... 24

4.4 Effect of Corrective Action.......................................................................................................... 24

4.5 Substantially Identical Outfalls................................................................................................... 24

5. Stormwater Pollution Prevention Plan (SWPPP)......................................................................... 24

5.1 Person(s) Responsible for SWPPP Preparation. ......................................................................... 25

5.2 Contents of Your SWPPP. ............................................................................................................. 25

5.2.1 Stormwater Pollution Prevention Team................................................................................... 25

5.2.2 Site Description............................................................................................................................ 25

5.2.3 Summary of Potential Pollutant Sources. .............................................................................. 27

5.2.3.1 Activities in the Area. ..................................................................................................... 27

5.2.3.2 Pollutants.......................................................................................................................... 27

5.2.3.3 Spills and Leaks............................................................................................................... 27

5.2.3.4 Non-Stormwater Discharges.......................................................................................... 27

5.2.3.5 Salt Storage...................................................................................................................... 28

5.2.3.6 Sampling Data................................................................................................................. 28

5.2.4 Description of Control Measures to Meet Technology-Based and Water QualityBased Effluent Limits. .................................................................................................................. 28

5.2.5 Schedules and Procedures....................................................................................................... 28

5.2.5.1 Pertaining to Control Measures Used to Comply with the Effluent Limits in Part 

2. ....................................................................................................................................... 28

5.2.5.2 Pertaining to Inspections................................................................................................ 29

5.2.5.3 Pertaining to Monitoring................................................................................................. 29

5.2.6 Documentation to Support Eligibility Considerations Under Other Federal Laws.......... 30

5.2.6.1 Documentation Regarding Endangered Species....................................................... 30

5.2.6.2 Documentation Regarding Historic Properties. ........................................................... 30

5.2.7 Signature Requirements. ........................................................................................................... 30

5.3 Required SWPPP Modifications................................................................................................... 30

5.4 SWPPP Availability........................................................................................................................ 31

5.4.1 SWPPP Posting on the Internet. ................................................................................................ 31

5.5 Additional Documentation Requirements. ............................................................................... 31

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Proposed 2013 MSGP 

6. Monitoring..................................................................................................................................... 32

6.1 Monitoring Procedures................................................................................................................ 32

6.1.1 Monitored Outfalls. ..................................................................................................................... 32

6.1.2 Commingled Discharges. .......................................................................................................... 33

6.1.3 Measurable Storm Events. ......................................................................................................... 33

6.1.4 Sample Type. ............................................................................................................................... 33

6.1.5 Adverse Weather Conditions. .................................................................................................. 33

6.1.6 Climates with Irregular Stormwater Runoff. ........................................................................... 33

6.1.7 Monitoring Periods...................................................................................................................... 33

6.1.8 Monitoring for Allowable Non-Stormwater Discharges. ...................................................... 34

6.2 Required Monitoring. ................................................................................................................... 34

6.2.1 Benchmark Monitoring. ............................................................................................................. 34

6.2.1.1 Applicability of Benchmark Monitoring. ...................................................................... 35

6.2.1.2 Benchmark Monitoring Schedule. ................................................................................ 35

6.2.1.3 Exception for Inactive and Unstaffed Sites. ................................................................. 36

6.2.2 Effluent Limitations Monitoring.................................................................................................. 37

6.2.2.1 Monitoring Based on Effluent Limitations Guidelines.................................................. 37

6.2.2.2 Substantially Identical Outfalls...................................................................................... 37

6.2.2.3 Follow-up Actions if Discharge Exceeds Numeric Effluent Limit. .............................. 37

6.2.3 State or Tribal Monitoring Provisions. ....................................................................................... 38

6.2.3.1 Sectors Required to Conduct State or Tribal Monitoring. ........................................... 38

6.2.3.2 State or Tribal Monitoring Schedule. .............................................................................. 38

6.2.4 Discharges to Impaired Waters Monitoring. .......................................................................... 38

6.2.4.1 Permittees Required to Monitor Discharges to Impaired Waters. ............................. 38

6.2.4.2 Impaired Waters Monitoring and Schedule................................................................. 39

6.2.5 Additional Monitoring Required by EPA. ................................................................................ 39

7. Reporting and Recordkeeping. ................................................................................................. 40

7.1 Electronic Reporting Requirement............................................................................................. 40

7.2 Submitting Information to EPA. ................................................................................................... 40

7.3 Additional SWPPP Information Required in Your NOI............................................................... 41

7.4 Reporting Monitoring Data to EPA. ............................................................................................ 41

7.5 Annual Report............................................................................................................................... 41

7.6 Exceedance Report for Numeric Effluent Limits. ...................................................................... 42

7.7 Additional Reporting.................................................................................................................... 42

7.8 Recordkeeping. ........................................................................................................................... 43

7.9 Addresses for Reports.................................................................................................................. 43

7.9.1 EPA Addresses. ............................................................................................................................ 43

7.9.2 State and Tribal Addresses. ....................................................................................................... 45

8. Sector Specific Requirements .................................................................................................... 46

8A. Sector A: Timber Products................................................................................................................ 46 

8B. Sector B: Paper and Allied Products.............................................................................................. 49 

8C. Sector C: Chemicals and Allied Products Manufacturing ........................................................ 50 

8D. Sector D: Asphalt Paving and Roofing Materials and Lubricant Manufacturing ................. 53 

8E. Sector E: Glass, Clay, Cement, Concrete, and Gypsum Products.......................................... 55 

8F. Sector F: Primary Metals ................................................................................................................... 57 

8G. Sector G: Metal Mining (Ore Mining and Dressing).................................................................... 59 

8H. Sector H: Coal Mines and Coal Mining-Related Facilities......................................................... 73 

8I. Sector I: Oil and Gas Extraction and Refining.............................................................................. 82 

8J. Sector J: Mineral Mining and Dressing........................................................................................... 84 

8K. Sector K: Hazardous Waste Treatment, Storage, or Disposal Facilities.................................... 94 

8L. Sector L: Landfills, Land Application Sites, and Open Dumps.................................................. 98 

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Proposed 2013 MSGP 

8M. Sector M: Automobile Salvage Yards .......................................................................................... 102 

8N. Sector N: Scrap Recycling Facilities............................................................................................. 104 

8O. Sector O: Steam Electric Generating Facilities.......................................................................... 110 

8P. Sector P: Land Transportation and Warehousing...................................................................... 113 

8Q. Sector Q: Water Transportation .................................................................................................... 116 

8R. Sector R: Ship and Boat Building and Repairing Yards ............................................................ 119 

8S. Sector S: Air Transportation Facilities............................................................................................ 122 

8T. Sector T: Treatment Works.............................................................................................................. 128 

8U. Sector U: Food and Kindred Products......................................................................................... 130 

8V. Sector V: Textile Mills, Apparel, and Other Fabric Product Manufacturing; Leather and 

Leather 

 Products............................................................................................................................................ 132 

8W. Sector W: Furniture and Fixtures .................................................................................................... 134 

8X. Sector X: Printing and Publishing .................................................................................................. 135 

8Y. Sector Y: Rubber, Miscellaneous Plastic Products, and Miscellaneous Manufacturing 

Industries .............................................................................................................................. 137 

8Z. Sector Z: Leather Tanning and Finishing...................................................................................... 139 

8AA. Sector AA: Fabricated Metal Products....................................................................................... 141 

8AB. Sector AB: Transportation Equipment, Industrial or Commercial Machinery....................... 144 

8AC. Sector AC: Electronic, Electrical, Photographic, and Optical Goods.................................. 145 

8AD. Sector AD: Non-Classified Facilities.............................................................................................. 146 

9. State/Tribal Specific Requirements.......................................................................................... 147

Appendices

Appendix A Definitions and Acronyms................................................................................................. A-1 

Appendix B Standard Permit Conditions..............................................................................................B-1 

Appendix C Areas Covered ................................................................................................................... C-1 

Appendix D Activities Covered ............................................................................................................. D-1 

Appendix E Procedures relating to Endangered Species ................................................................ E-1 

Appendix F National Historic Preservation Act Procedures .............................................................. F-1 

Appendix G Notice of Intent ................................................................................................................. G-1 

Appendix H Notice of Termination........................................................................................................ H-1 

Appendix I Annual Reporting Form....................................................................................................... I-1 

Appendix J Calculating Hardness in Receiving Waters for Hardness Dependent Metals......... J-1 

Appendix K No Exposure Certification................................................................................................. K-1 

Appendix L List of Tier 3, Tier 2, and Tier 2.5 Waters............................................................................ L-1 

Appendix M Discharge Monitoring Report (DMR) Form................................................................... M-1 

Appendix N List of SIC and NAICS Codes............................................................................................ N-1 

Appendix O Summary of Permit Reports and Submittals................................................................. O-1 

Appendix P List of Federal CERCLA Sites............................................................................................. P-1 

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Proposed 2013 MSGP 

1. Coverage Under this Permit.

1.1 Eligibility.

1.1.1 Facilities Covered.

To be eligible to discharge under this permit, you must (1) have a stormwater discharge 

associated with industrial activity from your primary industrial activity, as defined in Appendix A, 

provided your primary industrial activity is included in Appendix D, or (2) be notified by EPA that 

you are eligible for coverage under Sector AD of this permit. 

1.1.2 Allowable Stormwater Discharges. 

Unless otherwise made ineligible under Part 1.1.4, the following discharges are eligible for 

coverage under this permit:

1.1.2.1 Stormwater discharges associated with industrial activity for any primary industrial 

activities and co-located industrial activities, as defined in Appendix A, except for any 

stormwater discharges specifically prohibited in Part 8; 

1.1.2.2 Discharges designated by EPA as needing a stormwater permit as provided in Sector AD; 

1.1.2.3 Discharges that are not otherwise required to obtain NPDES permit authorization but are 

commingled with discharges that are authorized under this permit; and

1.1.2.4 Discharges subject to any of the national stormwater-specific effluent limitations 

guidelines listed in Table 1-1.

Table 1-1. Stormwater-Specific Effluent Limitations Guidelines

Regulated Discharge

40 CFR 

Section 

MSGP 

Sector

New Source 

Performance Standard 

(NSPS)

New 

Source 

Date

Discharges resulting from spray 

down or intentional wetting of 

logs at wet deck storage areas

Part 429, 

Subpart I

A Yes 1/26/81

Runoff from phosphate fertilizer 

manufacturing facilities that 

comes into contact with any raw 

materials, finished product, byproducts or waste products (SIC 

2874)

Part 418, 

Subpart A

C Yes 4/8/74

Runoff from asphalt emulsion 

facilities

Part 443, 

Subpart A

D Yes 7/28/75

Runoff from material storage piles 

at cement manufacturing 

facilities

Part 411, 

Subpart C

E Yes 2/20/74

Mine dewatering discharges at 

crushed stone, construction sand 

and gravel, or industrial sand 

mining facilities

Part 436, 

Subparts 

B, C, and 

D

J No N/A

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Proposed 2013 MSGP 

Regulated Discharge

40 CFR 

Section 

MSGP 

Sector

New Source 

Performance Standard 

(NSPS)

New 

Source 

Date

Runoff from hazardous waste and 

non-hazardous waste landfills

Part 445, 

Subparts 

A and B

K, L Yes 2/2/00

Runoff from coal storage piles at 

steam electric generating 

facilities

Part 423 O Yes 11/19/82 

(10/8/74)1

Existing and new primary airports 

with 1,000 or more annual jet 

departures that discharge 

wastewater associated with 

airfield pavement deicing that 

contains urea commingled with 

stormwater

Part 449 S Yes 6/15/12

1.1.3 Allowable Non-Stormwater Discharges. 

The following are the only non-stormwater discharges authorized under this permit, 

provided that all discharges comply with the effluent limitations set forth in Part 2: 

• Discharges from fire-fighting activities;

• Fire hydrant flushings;

• Potable water, including water line flushings;

• Uncontaminated condensate from air conditioners, coolers, and other compressors and 

from the outside storage of refrigerated gases or liquids;

• Irrigation drainage;

• Landscape watering provided all pesticides, herbicides, and fertilizers have been

applied in accordance with the approved labeling;

• Pavement wash waters where no detergents or hazardous cleaning products are used 

(e.g., bleach, hydrofluoric acid, muriatic acid, sodium hydroxide, nonylphenols), and the 

wash waters do not come into contact with oil and grease deposits or any other toxic or 

hazardous materials (unless cleaned up using dry clean-up methods). You are prohibited 

from directing any authorized pavement wash waters directly into any surface water or 

storm drain inlet unless you have implemented appropriate control measures that meet 

the non-numeric effluent limits in Part 2.1.2. Where appropriate control measures are not 

in place, wash water runoff must first undergo treatment prior to discharge such as 

filtration, detention, or settlement;

• Routine external building washdown / power washwater that does not use detergents or 

hazardous cleaning products, (such as those containing bleach, hydrofluoric acid, 

muriatic acid, sodium hydroxide, nonylphenols);

• Uncontaminated ground water or spring water; 

• Foundation or footing drains where flows are not contaminated with process materials;

• Incidental windblown mist from cooling towers that collects on rooftops or adjacent 

portions of your facility, but not intentional discharges from the cooling tower (e.g., 

“piped” cooling tower blowdown or drains); and

1 NSPS promulgated in 1974 were not removed via the 1982 regulation; therefore wastewaters generated by Part 

423-applicable sources that were New Sources under the 1974 regulations are subject to the 1974 NSPS.

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Proposed 2013 MSGP 

• Discharges from the spray down of lumber and wood product storage yards where no 

chemical additives are used in the spray-down waters and no chemicals are applied to 

the wood during storage (applicable only to Sector A facilities provided the nonstormwater component of the discharge is in compliance with the non-numeric effluent 

limits requirements in Part 2.1.2).

 Also allowed are discharges of stormwater listed above in Parts 1.1.2 or authorized nonstormwater discharges in Part 1.1.3, commingled with a discharge authorized by a different 

NPDES permit and/or a discharge that does not require NPDES permit authorization. All other 

non-stormwater discharges requiring NPDES permit coverage except those specifically listed in 

Part 1.1.3 are not authorized by this permit. If non-stormwater discharges requiring NPDES permit 

coverage other than those specifically authorized in Part 1.1.3, including sector-specific nonstormwater discharges that are listed in Part 8 (a non-exclusive list provided to raise awareness of 

contaminants or sources of contaminants characteristic of certain sectors), will be discharged, 

such non-stormwater discharges are not covered by this permit or the permit shield provision of 

the CWA Section 402(k) and must be covered under another NPDES permit. 

1.1.4 Limitations on Coverage.

Any discharges not expressly authorized under this permit are not within the scope of the 

pollutants authorized. Such discharges are not covered by this permit or the permit shield 

provision of the CWA Section 402(k) and they cannot become authorized or shielded by 

disclosure to EPA and/or state via the Notice of Intent (NOI) to be covered by the permit or by 

any other means (e.g., in the Stormwater Pollution Prevention Plan (SWPPP) or during an 

inspection). 

1.1.4.1 For Discharges Mixed with Non-Stormwater. Stormwater discharges that are mixed with 

non-stormwater, other than those non-stormwater discharges listed in Part 1.1.3, are not 

eligible for coverage under this permit. 

1.1.4.2 For Stormwater Discharges Associated with Construction Activity. Stormwater discharges 

associated with construction activity disturbing one acre or more, or that are part of a 

larger common plan of development or sale if the larger common plan will ultimately 

disturb one acre or more, are not eligible for coverage under this permit, unless in 

conjunction with mining activities or certain oil and gas extraction activities as specified 

in Sectors G, H, I, and J of this permit. 

1.1.4.3 For Discharges Currently or Previously Covered by Another Permit. Unless you have 

received written notification from EPA specifically allowing these discharges to be 

covered under this permit, you are not eligible for coverage under this permit for any of 

the following:

• Stormwater discharges associated with industrial activity that are currently 

covered under an individual NPDES permit or an alternative NPDES general 

permit;

• Discharges covered within five years prior to the effective date of this permit by 

an individual permit or alternative general permit where that permit established 

site-specific numeric water quality-based limitations developed for the 

stormwater component of the discharge; or 

• Discharges from facilities where any NPDES permit has been or is in the process of 

being denied, terminated, or revoked by EPA (this does not apply to the routine 

reissuance of permits every five years). 

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Proposed 2013 MSGP 

1.1.4.4 For Stormwater Discharges Subject to Effluent Limitations Guidelines. For discharges 

subject to stormwater effluent limitation guidelines under 40 CFR, Subchapter N, only 

those stormwater discharges identified in Table 1-1 are eligible for coverage under this 

permit.

1.1.4.5 Endangered and Threatened Species and Critical Habitat Protection. Coverage under 

this permit is available only if your stormwater discharges, allowable non-stormwater 

discharges, and stormwater discharge-related activities were the subject of an 

Endangered Species Act (ESA) consultation or an ESA Section 10 permit, or if your 

stormwater discharges, allowable non-stormwater discharges, and stormwater 

discharge-related activities are not likely to adversely affect any species that are 

federally-listed as endangered or threatened (“listed”) under the ESA and are not likely 

to adversely affect habitat that is federally-designated as “critical habitat” under the 

ESA. You must meet one of the criteria below, following the procedures in Appendix E:

Criterion A. No federally-listed threatened or endangered species or their designated critical 

habitat(s) are likely to occur in the “action area” as defined in Appendix A. To 

certify your eligibility under this criterion, you must use the E.4 Criterion Selection 

worksheet. You must also provide a description of the basis for the criterion you 

selected on your NOI form and provide documentation supporting your eligibility 

determination in your SWPPP.

Criterion B. The industrial activity’s discharges and discharge-related activities were already 

addressed in another operator’s valid certification of eligibility for your action 

area under this permit and there is no reason to believe that federally-listed 

species or federally-designated critical habitat not considered in the prior 

certification may be present or located in the “action area” (e.g., due to a new 

species listing or critical habitat designation). To certify your eligibility under this 

criterion, there must be no lapse of NPDES permit coverage in the other 

operator’s certification. You must also comply with any terms and conditions 

imposed under the other operator's valid certification of eligibility to ensure that 

your discharges and discharge-related activities are protective of listed species 

and/or critical habitat. To certify your eligibility under this criterion, you must use 

the E.4 Criterion Selection worksheet. You must include in your NOI the NPDES ID 

from the other operator’s notification of authorization under this permit, and a 

description of the basis for the criterion selected on your NOI form, including the 

eligibility criterion selected by the other operator’s certification. You must also 

provide any documentation in your SWPPP that supports the other operator’s 

eligibility determination, as well as any terms and conditions imposed under the 

eligibility requirements that applied under the prior certification. 

Criterion C. Federally-listed threatened or endangered species or their designated critical 

habitat(s) are likely to occur in or near your facility’s “action area,” and your 

industrial activity’s discharges and discharge-related activities are not likely to 

adversely affect listed threatened or endangered species or critical habitat. To 

certify your eligibility under this criterion, you must use the E.4 Criterion Selection 

worksheet. At least 30 days prior to filing your NOI for permit coverage, you must 

submit to EPA and the Services your completed Criterion C worksheet. After 

evaluation of your worksheet, EPA may require additional controls that you must 

implement to avoid or eliminate adverse effects on listed species and critical 

habitat from discharges and discharge-related activities. You may submit your 

NOI for permit coverage 30 days after submitting your completed Criterion C 

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Proposed 2013 MSGP 

worksheet. You must provide a description of the basis for the criterion you 

selected on your NOI form and provide documentation supporting your eligibility 

determination in your SWPPP.

Criterion D. Consultation between a Federal Agency and the U.S. Fish and Wildlife Service 

and/or the National Marine Fisheries Service under section 7 of the ESA has been 

concluded. Consultations can be either formal or informal, and would have 

occurred only as a result of a separate federal action (e.g., during application for 

an individual wastewater discharge permit or the issuance of a wetlands dredge 

and fill permit), and consultation must have addressed the effects of the industrial 

activity’s discharges and discharge-related activities on all federally-listed 

threatened or endangered species and all federally-designated critical habitat. 

The result of this consultation must be either:

i. A biological opinion that concludes that the action in question (taking into 

account the effects of your facility’s discharges and discharge-related 

activities) is not likely to jeopardize the continued existence of listed species, 

nor the destruction or adverse modification of critical habitat; or

ii. Written concurrence from the applicable Service(s) with a finding that the 

facility’s discharges and discharge-related activities are not likely to adversely 

affect federally-listed species or federally-designated critical habitat. 

To certify your eligibility under this criterion, you must use the E.4 Criterion 

Selection worksheet. You must verify that the consultation remains valid, in 

accordance with 50 CFR §402.16. If reinitiation of consultation is required, in order 

to be eligible under this Criterion you must conclude the reinitiated consultation 

and the result of the consultation must be consistent with (i) or (ii) above. 

If eligible, you must also provide supporting documentation for your 

determination in your NOI and SWPPP, including the Biological Opinion (or PCTS 

tracking number) or concurrence letter. 

Criterion E. Your industrial activities are authorized through the issuance of a permit under 

section 10 of the ESA, and this authorization addresses the effects of the facility’s 

discharges and discharge-related activities on federally-listed species and 

federally-designated critical habitat. To certify your eligibility under this criterion, 

you must use the E.4 Criterion Selection worksheet. You must also provide 

supporting documentation for your determination in your NOI and SWPPP, 

including a copy of the permit from the Services.

You must comply with any applicable terms, conditions, or other requirements 

developed in the process of meeting the eligibility criteria in this section to remain eligible 

for coverage under this permit. Documentation of these requirements must be kept as 

part of your SWPPP (see Part 5.2.6.1). 

1.1.4.6 Historic Properties Preservation. Coverage under this permit is available only if you meet 

one of the eligibility criteria below, following the procedures in Appendix F: 

Criterion A. There is no potential of an adverse effect on historic properties because there will 

be no new subsurface control measures (which include stormwater 

conveyances) constructed or installed; or

Criterion B. There are no historic properties or properties eligible for listing in the National 

Register of Historic Places within the area of potential effects (APE); or

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Criterion C. Your subsurface stormwater controls have the potential to cause adverse effects 

on historic properties. After contacting in writing the EPA Regional office and the 

appropriate SHPO, THPO or an authorized tribal representative, you have 

coordinated with the SHPO, THPO or an authorized tribal representative (or EPA in 

coordination with the SHPO, THPO or an authorized tribal representative), and 

received a written conclusion that the subsurface stormwater controls will not 

cause adverse effects on historic properties; or I have entered into a written 

agreement with the SHPO, THPO or an authorized tribal representative (or EPA in 

coordination with the SHPO, THPO or an authorized tribal representative)

regarding measures required to mitigate or prevent adverse effects on historic 

properties; or

Criterion D. Your subsurface stormwater controls have the potential to cause adverse effects 

on historic properties. You have contacted both the EPA Regional office and the 

SHPO, THPO or an authorized tribal representative in writing, and EPA provided 

the additional measures, if any, required for me to be eligible for permit 

coverage. 

If you have been unable to reach agreement with a SHPO, THPO, or other tribal 

representative regarding appropriate measures to mitigate or prevent adverse effects, 

EPA may notify you of additional measures you must implement to be eligible for 

coverage under this permit.

1.1.4.7 Eligibility for New Dischargers: Based on Water Quality Standards. If you are a new 

discharger (as defined in Appendix A), you are not eligible for coverage under this 

permit for discharges that EPA, prior to authorization under this permit, determines will not 

meet any applicable water quality standard. Where such a determination is made prior 

to authorization, EPA may notify you that an individual permit application is necessary in 

accordance with Part 1.2.3. However, EPA may authorize your coverage under this 

permit after you have included appropriate controls and implementation procedures 

designed to ensure your discharge meets water quality standards. In the absence of 

information demonstrating otherwise, EPA expects that compliance with the stormwater 

control requirements of this permit, including the requirements applicable to such 

discharges in Part 2, will meet applicable water quality standards.

1.1.4.8 Eligibility for New Dischargers to Water-Quality Impaired Waters. If you are a new 

discharger (as defined in Appendix A), you are not eligible for coverage under this 

permit to discharge to an “impaired water” (as defined in Appendix A) unless you do 

one of the following: 

a. Prevent all exposure to stormwater of the pollutant(s) for which the waterbody is 

impaired, and retain documentation of procedures taken to prevent exposure 

onsite with your SWPPP.

b. Prior to submitting your NOI, provide to the appropriate EPA Regional Office 

technical information or other documentation to support your claim that the 

pollutant(s) for which the waterbody is impaired is not present at your site, and 

retain such documentation with your SWPPP. 

c. Prior to submitting your NOI, provide to the appropriate EPA Regional Office 

information, either data or other technical documentation, to support a 

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conclusion that the discharge is expected to meet applicable water quality 

standards, and retain such information with your SWPPP. The information to be 

submitted must be sufficient to demonstrate:

i. For discharges to waters without an EPA-approved or established TMDL, that 

the discharge of the pollutant for which the water is impaired will meet instream water quality criteria at the point of discharge to the waterbody; or

ii. For discharges to waters with an applicable EPA-approved or established 

TMDL, which specifically provides for a wasteload allocation to stormwater or 

determined that stormwater was not a source of the impairment, that there 

are sufficient remaining wasteload allocations in the TMDL to allow your 

discharge and that existing dischargers to the waterbody are subject to 

compliance schedules designed to bring the waterbody into attainment with 

water quality standards. 

 

You are eligible under Part 1.1.4.8.c if you receive an affirmative determination 

from the Regional Office that your discharge will meet applicable water quality 

standards, in which case you must maintain such determination onsite with your 

SWPPP, or if the Regional Office fails to respond within 30 days of submission of 

data to the Regional Office. 

Note: Your project will be considered to discharge to an impaired water if the first water 

of the U.S. to which you discharge is identified by a state, tribe, or EPA pursuant to 

Section 303(d) of the CWA as not meeting an applicable water quality standard, or is 

included in an EPA-approved or established total maximum daily load (TMDL). For 

discharges that enter a storm sewer system prior to discharge, the first water of the U.S. to 

which you discharge is the waterbody that receives the stormwater discharge from the 

storm sewer system.

1.1.4.9 Eligibility for New Dischargers to Waters with High Water Quality. 

For new dischargers to Tier 2 or Tier 2.5 waters: 

If you are a new discharger (as defined in Appendix A), you are eligible to discharge to a 

Tier 2 or Tier 2.5 water only if your discharge will not lower the water quality of the 

applicable water. See a list of Tier 2 and Tier 2.5 waters in Appendix L.

For new dischargers to Tier 3 waters: 

If you are a new discharger (as defined in Appendix A), you are not eligible for coverage 

under this permit for discharges to waters designated by a state or tribe as Tier 3 

(outstanding natural resource waters) for antidegradation purposes under 40 CFR 

131.13(a)(3). See a list of Tier 3 waters in Appendix L.

Note: Your project will be considered to discharge to a Tier 2, Tier 2.5, or Tier 3 water if 

the first water of the US to which you discharge is identified by a state, tribe, or EPA as a 

Tier 2, Tier 2.5, or Tier 3 water. For discharges that enter a storm sewer system prior to 

discharge, the first water of the US to which you discharge is the waterbody that receives 

the stormwater discharge from the storm sewer system. 

1.1.4.10 For Discharges to a Federal CERCLA Site. If you discharge to a federal CERCLA Site as 

defined in Appendix A and referenced in Appendix P, you are ineligible for coverage 

under this permit, unless you notify your applicable EPA Regional Office in advance and 

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the EPA Regional Office determines that you are eligible for permit coverage pursuant to 

Part 1.1.4.10. In determining eligibility for coverage under this Part, the EPA Regional 

Office may evaluate whether you have included appropriate controls and 

implementation procedures designed to ensure your discharge will not lead to 

recontamination of aquatic media at the CERCLA Site. If it is determined that your 

facility discharges to a CERCLA Site referenced in Appendix P after you have obtained 

coverage under this permit, you must contact your applicable EPA Regional Office and

develop appropriate controls and/or implementation procedures to ensure that your 

discharges will not lead to recontamination of aquatic media at the CERCLA Site.

For the purposes of this permit, a permittee discharges to a federal CERCLA Site if the 

discharge flows directly into the site through its own conveyance, or a through a 

conveyance owned by others, such as a municipal separate storm sewer system.

1.2 Authorization Under this Permit. 

1.2.1 How to Obtain Authorization.

To obtain authorization under this permit, you must:

• Be located in a state, territory, or Indian country, or be a federal operator 

identified in Appendix C where EPA is the permitting authority;

• Meet the Part 1.1 eligibility requirements; 

• Select, design, install, and implement control measures in accordance with Part 

2.1 to meet numeric and non-numeric effluent limits; 

• Develop a SWPPP according to the requirements in Part 5 of this permit or update 

your existing SWPPP consistent with Part 5 prior to submitting your NOI for 

coverage under this permit; and

• Submit a complete and accurate NOI in accordances with this Part. 

1.2.1.1 Submitting Your Notice of Intent (NOI). To be covered under this permit, you must submit 

to EPA a complete and accurate NOI by the deadline applicable to your facility 

presented in Table 1-2. The NOI certifies to EPA that you are eligible for coverage 

according to Part 1.1, and provides information on your industrial activities and related 

discharges. 

 

You must complete the development of a SWPPP or update your existing SWPPP 

consistent with Part 5 prior to submitting your NOI for coverage under this permit. If you 

choose to post your SWPPP on the Internet according to Part 5.4.1, you must include the 

URL on your eNOI form and this URL must directly link to the SWPPP (not just the corporate 

or facility homepage). If you do not post your SWPPP online, you must enter additional 

facility information from your SWPPP, in accordance with Part 5.4.2.

1.2.1.2 How to Submit Your NOI. You must submit your NOI, electronically, unless you have 

received a waiver from electronic reporting as described in Part 7.1. 

1.2.1.3 Deadlines for Submitting Your NOI and Your Official Date of Permit Coverage. Table 1-2 

provides the deadlines for submitting your NOI and your official start date of permit 

coverage. 

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Table 1-2. NOI Submittal Deadlines/2013 MSGP Discharge Authorization Dates

Category NOI Submission Deadline Discharge Authorization Date1, 2

Existing dischargers that were

authorized for coverage under 

the 2008 MSGP 

No later than [90 days 

after permit issuance]. 

30 days after EPA notifies you that it has 

received a complete NOI, unless EPA 

notifies you that your authorization has 

been denied or delayed. Note: You 

must review and update your SWPPP to 

ensure that this permit’s requirements 

are addressed prior to submitting your 

NOI. 

Your authorization under the 2008 MSGP 

is automatically continued until you 

have been granted coverage under this 

permit or an alternative permit, or 

coverage is otherwise terminated.

New dischargers or existing 

dischargers not authorized for 

coverage under the 2008 MSGP 

A minimum of 30 days 

prior to commencing 

discharge. 

30 days after EPA notifies you that it has 

received a complete NOI, unless EPA 

notifies you that your authorization has 

been denied or delayed. 

New owner/operator of existing 

discharger whose discharge is 

authorized under this permit

A minimum of 30 days 

prior to the date that the 

transfer to the new 

owner/operator will take 

place.

30 days after EPA notifies you that it has 

received a complete NOI, unless EPA 

notifies you that your authorization has 

been denied or delayed.

Other eligible facilities – Facilities 

that commenced discharging 

prior to [date of permit 

issuance], but not covered 

under the 2008 MSGP or another 

NPDES permit

Immediately, to minimize 

the time discharges from 

the facility will continue 

to be unauthorized.

30 days after EPA notifies you that it has 

received a complete NOI, unless EPA 

notifies you that your authorization has 

been denied or delayed.

1 If you have missed the deadline to submit your NOI, any and all discharges from your industrial activities 

will continue to be unauthorized under the Clean Water Act until they are covered by this or a different 

NPDES permit. EPA may take enforcement action for any unpermitted discharges that occur between the 

commencement of discharging and discharge authorization. 2 Discharges are not authorized if your NOI is incomplete or inaccurate or if you were never eligible for 

permit coverage.

1.2.2 Continuation of Coverage for Existing Permittees After the Permit Expires.

If this permit is not reissued or replaced prior to the expiration date, it will be 

administratively continued in accordance with the Administrative Procedure Act and 40 CFR 

122.6 and remain in force and effect for discharges that were covered prior to expiration. If you 

were authorized to discharge under this permit prior to the expiration date, any discharges 

authorized under this permit will automatically remain covered by this permit until the earliest of: 

• Your authorization for coverage under a reissued permit or a replacement version of this 

permit following your timely submittal of a complete and accurate NOI requesting 

coverage under the new permit; or

Note: If you fail to submit a timely NOI for coverage under the reissued or replacement 

permit, your coverage will terminate on the date that the NOI was due.

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• Your submittal of a Notice of Termination (NOT); or

• Issuance of an individual permit for the facility’s discharges; or

• A formal permit decision by EPA not to reissue this general permit, at which time EPA will 

identify a reasonable time period for covered dischargers to seek coverage under an 

alternative general permit or an individual permit. Coverage under this permit will cease 

at the end of this time period. 

EPA reserves the right to modify or revoke and reissue this permit under 40 CFR 122.62 and 

63, in which case you will be notified of any relevant changes or procedures to which you may 

be subject.

1.2.3 Coverage Under Alternative Permits. 

EPA may require you to apply for and/or obtain authorization to discharge under an 

alternative permit, i.e., either an individual NPDES permit or an alternative NPDES general permit, 

in accordance with 40 CFR 122.64 and 124.5. Any interested person may petition EPA to take 

action under this paragraph. If EPA requires you to apply for an alternative permit, the Agency 

will notify you in writing that a permit application is required. This notification will include a brief 

statement of the reasons for this decision and will contain alternative permit application 

requirements, including deadlines for completing your application. 

1.2.3.1 Denial of Coverage for New or Previously Unpermitted Facilities. For new or previously 

unpermitted facilities, following your submittal of your NOI, you may be denied coverage 

under the 2013 MSGP and must apply for and/or obtain authorization to discharge under 

an alternative permit, according to the provisions of Part 1.2.3. 

1.2.3.2 Loss of Authorization Under the 2013 MSGP for Existing Permitted Facilities. If your 

stormwater discharges are covered under this permit, you may receive a written 

notification that you must either apply for coverage under an individual NPDES permit or 

an alternative general NPDES permit, according to the provisions of Part 1.2.3. In 

addition to the reasons for the decision and alternative permit application deadlines, the 

notice will include a statement that on the effective date of your alternative permit 

coverage, your coverage under the 2013 MSGP will terminate. EPA may grant additional 

time to submit the application if you request it. If you fail to submit an alternative permit 

application as required by EPA, then your authorization to discharge under the 2013 

MSGP is terminated at the end of the day EPA required you to submit your alternative 

permit application. EPA may take appropriate enforcement action for any unpermitted 

discharge. When you become authorized to discharge under an alternative permit, your 

coverage under the 2013 MSGP is terminated on the effective date your replacement 

permit coverage. 

1.2.3.3 Operator Requesting Coverage Under an Alternative Permit. You may request to be 

excluded from coverage under this general permit by applying for an individual permit. 

In such a case, you must submit an individual permit application in accordance with the 

requirements of 40 CFR 122.28(b)(3)(iii), with reasons supporting the request, to EPA at the

applicable EPA Regional Office listed in Part 7.9.1 of this permit. The request may be 

granted by issuance of an individual permit or authorization of coverage under an 

alternative general permit if your reasons are adequate to support the request. When 

you are authorized to discharge under an alternative permit, your authorization to 

discharge under the 2013 MSGP is terminated on the effective date of the alternative 

permit.

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1.3 Terminating Coverage.

1.3.1 Submitting a Notice of Termination (NOT).

To terminate permit coverage, you must submit a complete and accurate NOT. Your 

authorization to discharge under this permit terminates at midnight of the day that you are 

notified that your complete NOT has been processed. If you submit a NOT without meeting one 

or more of the conditions identified in Part 1.3.3, then your NOT is not valid. You are responsible 

for meeting the terms of this permit until your authorization is terminated.

1.3.2 How to Submit Your NOT. 

See Part 7.2 for information on how to submit required information to EPA.

1.3.3 When to Submit Your NOT. 

You must submit a NOT within 30 days after one or more of the following conditions have 

been met:

• A new owner or operator has taken over responsibility for the facility; or

• You have ceased operations at the facility, there are not or no longer will be discharges 

of stormwater associated with industrial activity from the facility, and you have already 

implemented necessary sediment and erosion controls as required by Part 2.1.2.5; or

• You are a Sector G, H, or J facility and you have met the applicable termination 

requirements; or 

• You have obtained coverage under an individual or alternative general permit for all 

discharges required to be covered by an NPDES permit, unless EPA has required that you 

obtain such coverage under authority of Part 1.2.3, in which case coverage under this 

permit will terminate automatically.

1.4 Conditional Exclusion for No Exposure. 

If you are covered by this permit, and become eligible for a “no exposure” exclusion 

from permitting under 40 CFR 122.26(g), you may file a No Exposure Certification. You are no 

longer required to have a permit upon submission of a complete and accurate no exposure 

certification to EPA. If you are no longer required to have permit coverage because of a no 

exposure exclusion and have submitted a No Exposure Certification form to EPA, you are not 

required to submit a NOT. See Part 7.2 for information on how to submit required information to 

EPA.

You must submit a No Exposure Certification to EPA once every five years. 

 

1.5 Permit Compliance.

 

Any noncompliance with any of the requirements of this permit constitutes a violation of 

this permit, issued under the CWA. As detailed in Part 4 (Corrective Actions) of this permit, failure 

to take any required corrective actions constitutes an independent, additional violation of this 

permit, in addition to any original violation that triggered the need for corrective action. As such, 

any actions and time periods specified for remedying noncompliance do not absolve parties of 

the initial underlying noncompliance. 

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Where corrective action is triggered by an event that does not itself constitute permit 

noncompliance, such as an exceedance of an applicable benchmark, there is no permit 

violation provided you take the required corrective action within the relevant deadlines 

established in Part 4.2. 

 

2. Control Measures and Effluent Limits.

In the technology-based limits included in Parts 2.1 and 8, the term “minimize” means 

reduce and/or eliminate to the extent achievable using control measures (including best 

management practices) that are technologically available and economically practicable and 

achievable in light of best industry practice.

2.1 Control Measures.

You must select, design, install, and implement control measures (including best 

management practices) to address the selection and design considerations in Part 2.1.1, meet 

the non-numeric effluent limits in Part 2.1.2, meet limits contained in applicable effluent 

limitations guidelines in Part 2.1.3, and meet the water quality-based effluent limitations in Part 

2.2. The selection, design, installation, and implementation of these control measures must be in 

accordance with good engineering practices and manufacturer’s specifications. Note that you 

may deviate from such manufacturer’s specifications where you provide justification for such 

deviation and include documentation of your rationale in the part of your SWPPP that describes 

your control measures, consistent with Part 5.2.4. If you find that your control measures are not 

achieving their intended effect of minimizing pollutant discharges, you must modify these 

control measures in accordance with the corrective action requirements set forth in Part 4.

Regulated stormwater discharges from your facility include stormwater run-on that commingles 

with stormwater discharges associated with industrial activity at your facility.

Effluent limit requirements in Part 2.1.2 that do not involve the site-specific selection of a 

control measure or are specific activity requirements (e.g., “Drain fluids from equipment and 

vehicles that will be decommissioned”) are marked with an asterisk (*). When documenting in 

your SWPPP in Part 5 how you will comply with the requirements marked with an asterisk, you 

have the option of including additional information or you may just “cut-and-paste” the effluent 

limits verbatim into your SWPPP without providing additional documentation (see Part 5.2.4).

 

2.1.1 Control Measure Selection and Design Considerations. 

 

You must consider the following when selecting and designing control measures:

• Preventing stormwater from coming into contact with polluting materials is 

generally more effective, and less costly, than trying to remove pollutants from 

stormwater; 

• Using control measures in combination is more effective than using control 

measures in isolation for minimizing pollutants in your stormwater discharge; 

• Assessing the type and quantity of pollutants, including their potential to impact 

receiving water quality, is critical to designing effective control measures that will 

achieve the limits in this permit;

• Minimizing impervious areas at your facility and infiltrating runoff onsite (including 

bioretention cells, green roofs, and pervious pavement, among other 

approaches) can reduce runoff and improve ground water recharge and stream 

base flows in local streams, although care must be taken to avoid ground water 

contamination;

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• Attenuating flow using open vegetated swales and natural depressions can 

reduce in-stream impacts of erosive flows;

• Conserving and/or restoring riparian buffers will help protect streams from 

stormwater runoff and improve water quality; and

• Using treatment interceptors (e.g., swirl separators and sand filters) may be 

appropriate in some instances to minimize the discharge of pollutants. 

2.1.2 Non-Numeric Technology-Based Effluent Limits (BPT/BAT/BCT).

In addition to complying with the non-numeric technology-based effluent limits in Part 8, 

you must also:

 

2.1.2.1 Minimize Exposure. You must minimize the exposure of manufacturing, processing, and 

material storage areas (including loading and unloading, storage, disposal, cleaning, 

maintenance, and fueling operations) to rain, snow, snowmelt, and runoff by either 

locating these industrial materials and activities inside or protecting them with storm 

resistant coverings. In minimizing exposure, you must: 

• Use grading, berming or curbing to prevent runoff of contaminated flows and 

divert run-on away from these areas, unless infeasible;

• Locate materials, equipment, and activities so that potential leaks and spills are 

contained or able to be contained or diverted before discharge;

• Clean up spills and leaks promptly using dry methods (e.g., absorbents) to 

prevent the discharge of pollutants;

• Unless infeasible, store leaky vehicles and equipment indoors or, if stored 

outdoors, use drip pans and absorbents; 

• Use spill/overflow protection equipment;

• Perform all vehicle and/or equipment cleaning operations indoors, under cover, 

or in bermed areas that prevent runoff and run-on and also that capture any 

overspray; 

• Drain fluids from equipment and vehicles that will be decommissioned or will 

remain unused for extended periods of time;* and

• Ensure that all washwater, with the exception of discharges from pavement wash 

water and routine building washdown described in Part 1.1.3, drains to a sanitary 

sewer, sump, or other proper collection system (i.e., not the stormwater drainage 

system).*

The discharge of vehicle and equipment washwater, including tank cleaning operations, 

is not authorized by this permit. These wastewaters must be covered under a separate 

NPDES permit, discharged to a sanitary sewer in accordance with applicable industrial 

pretreatment requirements, or disposed of otherwise in accordance with applicable law.

Note: Industrial materials do not need to be enclosed or covered if stormwater runoff 

from affected areas does not discharge to receiving waters or if discharges are 

authorized under another NPDES permit.

2.1.2.2 Good Housekeeping. You must keep clean all exposed areas that are potential sources 

of pollutants. You must perform good housekeeping measures, including but not limited 

to, the following:

• Sweep or vacuum at regular intervals;

• Store materials in appropriate containers;

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• Identify and control all on-site sources of dust to minimize stormwater

contamination from the deposition of dust on areas exposed to precipitation;

• Keep all dumpsters under cover or fit with a lid that must remain closed when not 

in use;* and

• Ensure that waste, garbage, and floatable debris are not discharged to receiving 

waters by keeping exposed areas free of such materials or by intercepting them 

before they are discharged.

Plastic Materials Requirements: Facilities that handle pre-production plastic pellets are 

required to implement best management practices to eliminate discharges of plastic in 

stormwater. Examples of plastic material required to be addressed as stormwater 

pollutants include plastic resin pellets, powders, flakes, additives, regrind, scrap, waste 

and recycling.

2.1.2.3 Maintenance. You must maintain all control measures that are used to achieve the 

effluent limits required by this permit in effective operating condition, as well as all 

industrial equipment and systems to help prevent discharges of pollutants from them. This 

includes:

• Performing inspections and preventive maintenance of stormwater drainage, 

source controls, treatment systems, and plant equipment and systems that could 

fail and result in contamination of stormwater. 

• Diligently maintaining nonstructural control measures (e.g., keep spill response

supplies available, personnel appropriately trained). 

• Inspecting and maintaining bag houses quarterly to prevent the escape of dust 

from the system and immediately removing any accumulated dust at the base of 

the exterior bag house.*

• Cleaning catch basins when the depth of debris reaches two-thirds (2/3) of the 

sump depth and keeping the debris surface at least six inches below the outlet 

pipe.*

If you find that your control measures need to be replaced or repaired, you must 

immediately take all reasonable steps to prevent or minimize the discharge of pollutants 

until a permanent solution is installed and made operational, including cleaning up any 

contaminated surfaces so that the material will not discharge during subsequent storm 

events. 

Note: In this context, the term “immediately” requires you to, on the same day you 

identify that a control measure needs to be replaced or repaired, take all reasonable 

steps to minimize or prevent the discharge of pollutants until a permanent solution is 

installed and made operational. However, if a problem is identified at a time in the work 

day when it is too late to take action, the initiation of action must begin on the following 

work day.

2.1.2.4 Spill Prevention and Response. You must minimize the potential for leaks, spills and other 

releases that may be exposed to stormwater and develop plans for effective response to 

such spills if or when they occur. You must conduct spill prevention and response 

measures, including but not limited to, the following: 

• Plainly label containers (e.g., “Used Oil,” “Spent Solvents,” “Fertilizers and 

Pesticides”) that could be susceptible to spillage or leakage to encourage proper 

handling and facilitate rapid response if spills or leaks occur;*

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• Implement procedures for material storage and handling, including the use of 

secondary containment and barriers between material storage and traffic areas, 

or a similarly effective means designed to prevent the discharge of pollutants 

from these areas; 

• Develop training on the procedures for expeditiously stopping, containing, and 

cleaning up leaks, spills, and other releases. As appropriate, execute such 

procedures as soon as possible. 

• Keep spill kits on-site, located near areas where spills may occur; and

• Notify appropriate facility personnel, emergency response agencies, and 

regulatory agencies when a leak, spill, or other release occurs.

Where a leak, spill or other release containing a hazardous substance or oil in an amount 

equal to or in excess of a reportable quantity established under either 40 CFR Part 110, 40 

CFR Part 117, or 40 CFR Part 302, occurs during a 24-hour period, you must notify the 

National Response Center (NRC) at (800) 424-8802 or, in the Washington, DC, 

metropolitan area, call (202) 267-2675 in accordance with the requirements of 40 CFR 

Part 110, 40 CFR Part 117, and 40 CFR Part 302 as soon as you have knowledge of the 

discharge. State or local requirements may necessitate reporting spills or discharges to 

local emergency response, public health, or drinking water supply agencies. Contact 

information must be in locations that are readily accessible and available.

2.1.2.5 Erosion and Sediment Controls. You must minimize erosion by stabilizing exposed soils at 

your facility and placing flow velocity dissipation devices at discharge locations. You 

must also use structural and non-structural control measures to prevent the discharge of 

sediment. If you use polymers and/or other chemical treatments as part of your controls, 

you must identify the polymers and/or chemicals used and the purpose. There are many 

resources available to help you select appropriate BMPs for erosion and sediment 

control, including EPA’s Stormwater Discharges from Construction Activities website at: 

www.epa.gov/npdes/stormwater/construction.

2.1.2.6 Management of Runoff. You must divert, infiltrate, reuse, contain, or otherwise reduce 

stormwater runoff, to minimize pollutants in your discharges. In selecting, designing, 

installing, and implementing appropriate control measures, you are encouraged to 

consult with EPA’s internet-based resources relating to runoff management, including the 

sector-specific Industrial Stormwater Fact Sheet Series, 

(www.epa.gov/npdes/stormwater/msgp), National Menu of Stormwater BMPs 

(www.epa.gov/npdes/stormwater/menuofbmps), and National Management Measures 

to Control Nonpoint Source Pollution from Urban Areas 

(www.epa.gov/owow/nps/urbanmm/index.html), and any similar state or tribal 

resources. 

2.1.2.7 Salt Storage Piles or Piles Containing Salt. You must enclose or cover storage piles of salt, 

or piles containing salt, used for deicing or other commercial or industrial purposes, 

including maintenance of paved surfaces. You must implement appropriate measures 

(e.g., good housekeeping, diversions, containment) to minimize exposure resulting from 

adding to or removing materials from the pile. Piles do not need to be enclosed or 

covered if stormwater runoff from the piles is not discharged or if discharges from the 

piles are authorized under another NPDES permit.

2.1.2.8 Employee Training. You must train all employees who work in areas where industrial 

materials or activities are exposed to stormwater, or who are responsible for 

implementing activities necessary to meet the conditions of this permit (e.g., inspectors, 

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Proposed 2013 MSGP 

maintenance personnel), including all members of your Pollution Prevention Team. You 

must ensure the following personnel understand the requirements of this permit and their 

specific responsibilities with respect to those requirements: 

• Personnel who are responsible for the design, installation, maintenance, and/or 

repair of controls (including pollution prevention measures);

• Personnel responsible for the storage and handling of chemicals and materials 

that could become contaminants in stormwater discharges; 

• Personnel who are responsible for conducting and documenting monitoring and 

inspections as required in Parts 3 and 6; and

• Personnel who are responsible for taking and documenting corrective actions as 

required in Part 4. 

Personnel must be trained in at least the following if related to the scope of their job 

duties (e.g., only personnel responsible for conducting inspections need to understand 

how to conduct inspections):

• An overview of what is in the SWPPP;

• Spill response procedures, good housekeeping, maintenance requirements, and 

material management practices;

• The location of all controls on the site required by this permit, and how they are to 

be maintained;

• The proper procedures to follow with respect to the permit’s pollution prevention 

requirements; and

• When and how to conduct inspections, record applicable findings, and take 

corrective actions.

 

2.1.2.9 Non-Stormwater Discharges. If non-stormwater discharges requiring NPDES permit 

coverage other than those specifically authorized in Part 1.1.3 will be discharged, such 

non-stormwater discharges are not covered by this permit or the permit shield provision 

of the CWA Section 402(k) and must be covered under another NPDES permit. 

2.1.2.10 Dust Generation and Vehicle Tracking of Industrial Materials. You must minimize 

generation of dust and off-site tracking of raw, final, or waste materials.

2.1.3 Numeric Effluent Limitations Based on Effluent Limitations Guidelines. 

If you are in an industrial category subject to one of the effluent limitations guidelines 

identified in Table 6-1 (see Part 6.2.2.1), you must meet the effluent limits referenced in Table 2-1 

below:

Table 2-1. Applicable Effluent Limitations Guidelines

Regulated Activity 40 CFR Part/Subpart Effluent Limit

Discharges resulting from spray down or 

intentional wetting of logs at wet deck 

storage areas

Part 429, Subpart I See Part 8.A.7

Runoff from phosphate fertilizer 

manufacturing facilities that comes into 

contact with any raw materials, finished 

product, by-products or waste products 

(SIC 2874)

Part 418, Subpart A See Part 8.C.4

Runoff from asphalt emulsion facilities Part 443, Subpart A See Part 8.D.4

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Regulated Activity 40 CFR Part/Subpart Effluent Limit

Runoff from material storage piles at 

cement manufacturing facilities

Part 411, Subpart C See Part 8.E.5

Mine dewatering discharges at crushed 

stone, construction sand and gravel, or 

industrial sand mining facilities

Part 436, Subparts B, C, 

or D

See Part 8.J.9

Runoff from hazardous waste landfills Part 445, Subpart A See Part 8.K.6

Runoff from non-hazardous waste landfills Part 445, Subpart B See Part 8.L.10

Runoff from coal storage piles at steam 

electric generating facilities

Part 423 See Part 8.O.8

Existing and new primary airports with 

1,000 or more annual jet departures that 

discharge wastewater associated with 

airfield pavement deicing that contains 

urea commingled with stormwater

Part 449 See Part 8.S.7

2.2 Water Quality-Based Effluent Limitations. 

2.2.1 Water Quality Standards. 

Your discharge must be controlled as necessary to meet applicable water quality 

standards. 

EPA expects that compliance with the conditions in this permit will control discharges as 

necessary to meet applicable water quality standards. If at any time you become aware, or EPA 

determines, that your discharge does not meet applicable water quality standards, you must 

take corrective action as required in Part 4.1 and document the corrective actions as required in 

Part 4.3. You must also comply with any additional requirements that your state or tribe requires 

in Part 9. 

EPA may also impose additional water quality-based limitations on a site-specific basis, or 

require you to obtain coverage under an individual permit, if information in your NOI, required 

reports, or from other sources indicates that your discharges are not controlled as necessary to 

meet applicable water quality standards. You must implement all controls necessary to comply 

with a wasteload allocation in an EPA established or approved TMDL.

2.2.2 Discharges to Water Quality-Impaired Waters.

Note: Your project will be considered to discharge to an impaired water if the first water 

of the U.S. to which you discharge is identified by a state, tribe, or EPA pursuant to 

Section 303(d) of the CWA as not meeting an applicable water quality standard, or is

included in an EPA-approved or established total maximum daily load (TMDL). For

discharges that enter a storm sewer system prior to discharge, the first water of the U.S. to 

which you discharge is the waterbody that receives the stormwater discharge from the 

storm sewer system.

2.2.2.1 Existing Discharge to an Impaired Water with an EPA-Approved or Established TMDL. If 

you discharge to an impaired water with an EPA approved or established TMDL, EPA will 

inform you if any additional limits or controls are necessary for your discharge to be 

consistent with the assumptions of any available wasteload allocation in the TMDL, or if 

coverage under an individual permit is necessary in accordance with Part 1.5.1. 

 

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2.2.2.2 Existing Discharge to an Impaired Water without an EPA-Approved or Established TMDL. If 

you discharge to an impaired water without an EPA approved or established TMDL, you 

are still required to comply with Part 2.2.1, and you must comply with the monitoring 

requirements of Part 6.2.4. Note that this provision also applies to situations where EPA 

determines that your discharge is not controlled as necessary to meet water quality 

standards in a downstream water segment, even if your discharge is to a receiving water 

that is not specifically identified on a Section 303(d) list. 

2.2.2.3 New Discharge to an Impaired Water. If your authorization to discharge under this permit 

relied on Part 1.1.4.8 for a new discharge to an impaired water, you must implement and 

maintain any control measures or conditions on your site that enabled you to become 

eligible under Part 1.1.4.8, and modify such measures or conditions as necessary pursuant 

to any Part 4 corrective actions. You are also required to comply with Part 2.2.1 and the 

monitoring requirements of Parts 6.2.4.

2.2.3 Tier 2 Antidegradation Requirements for New or Increased Dischargers. 

If you are a new discharger, or an existing discharger required to notify EPA of an 

increased discharge consistent with Part 7.7 (i.e., a “planned changes” report), and you 

discharge directly to waters designated by a state or tribe as Tier 2 or Tier 2.5 for antidegradation 

purposes under 40 CFR 131.12(a), in the absence of information demonstrating otherwise, EPA 

expects that compliance with the stormwater control requirements of this permit will result in 

discharges that will not lower the water quality of the applicable water. See list of Tier 2 and 2.5 

waters in Appendix L. However, EPA may notify you that additional analyses, control measures, 

or other permit conditions are necessary to comply with the applicable antidegradation 

requirements, or notify you that an individual permit application is necessary in accordance with 

Part 2.2.1. 

2.3 Requirements Relating to Endangered Species and Historic Properties. 

If your eligibility under either Part 1.1.4.5 or Part 1.1.4.6 was made possible through your, or 

another operator’s, agreement to include certain measures or prerequisite actions, or 

implement certain terms and conditions, you must comply with all such agreed-upon 

requirements to maintain eligibility under the MSGP.

 

3. Inspections. 

3.1 Routine Facility Inspections. 

During normal facility operating hours you must conduct inspections of areas of the 

facility covered by the requirements in this permit, including the following:

• Areas where industrial materials or activities are exposed to stormwater.

• Areas identified in the SWPPP and those that are potential pollutant sources (see Part 

5.2.3). 

• Areas where spills and leaks have occurred in the past 3 years. 

• Discharge points.

• Control measures used to comply with the effluent limits contained in this permit. 

Inspections must be conducted at least quarterly (i.e., once each calendar quarter), or 

in some instances more frequently (e.g., monthly), as appropriate. Increased frequency may be 

appropriate for some types of equipment, processes and stormwater control measures, or areas 

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of the facility with significant activities and materials exposed to stormwater. At least one of your 

routine inspections must be conducted during a period when a stormwater discharge is 

occurring. 

Inspections must be performed by qualified personnel (as defined in Appendix A) with at 

least one member of your stormwater pollution prevention team participating. Inspectors must 

consider the results of visual and analytical monitoring (if any) for the past year when planning 

and conducting inspections. 

During the inspection you must examine or look out for the following: 

• Industrial materials, residue or trash that may have or could come into contact with 

stormwater. 

• Leaks or spills from industrial equipment, drums, tanks and other containers.

• Offsite tracking of industrial or waste materials, or sediment where vehicles enter or exit 

the site.

• Tracking or blowing of raw, final or waste materials from areas of no exposure to exposed 

areas.

• Control measures needing replacement, maintenance or repair.

During an inspection occurring during a stormwater discharge, control measures 

implemented to comply with effluent limits must be observed to ensure they are functioning 

correctly. Discharge points, as defined in Appendix A, must also be observed during this 

inspection. If such discharge locations are inaccessible, nearby downstream locations must be 

inspected.

3.1.1 Exceptions to Routine Facility Inspections for Inactive and Unstaffed Sites. 

The requirement to conduct facility inspections on a routine basis does not apply at a 

facility that is inactive and unstaffed, as long as there are no industrial materials or activities 

exposed to stormwater. Such a facility is only required to conduct an annual site inspection in 

accordance with Part 3.1. To invoke this exception, you must indicate your facility is inactive and 

unstaffed on your NOI. If you are already covered under the permit and your facility has 

changed from active to inactive and unstaffed, you must modify your NOI. You must also 

maintain a statement in your SWPPP pursuant to Part 5.2.5.2 indicating that the site is inactive 

and unstaffed, and that there are no industrial materials or activities exposed to precipitation, in 

accordance with the substantive requirements in 40 CFR 122.26(g)(4)(iii). The statement must be 

signed and certified in accordance with Appendix B, Subsection 11. If circumstances change 

and industrial materials or activities become exposed to stormwater or your facility becomes 

active and/or staffed, this exception no longer applies and you must immediately resume 

routine facility inspections. If you are not qualified for this exception at the time you are 

authorized under this permit, but during the permit term you become qualified because your 

facility is inactive and unstaffed, and there are no industrial materials or activities that are 

exposed to stormwater, you must include the same signed and certified statement as above 

and retain it with your records pursuant to Part 5.5. 

Inactive and unstaffed facilities covered under Sectors G (Metal Mining), H (Coal Mines 

and Coal Mining-Related Facilities), and J (Non-Metallic Mineral Mining and Dressing), are not 

required to meet the “no industrial materials or activities exposed to stormwater” standard to be 

eligible for this exception from routine inspections, consistent with the requirements established in 

Parts 8.G.8.4, 8.H.8.1, and 8.J.8.1.

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3.1.2 Routine Facility Inspection Documentation.

You must document the findings of your facility inspections and maintain this report with 

your SWPPP as required in Part 5.5. Do not submit your routine facility inspection report to EPA, 

unless specifically requested to do so. However, you must summarize your findings in the annual 

report per Part 7.5. Document all findings, including but not limited to, the following information: 

• The inspection date and time;

• The name(s) and signature(s) of the inspector(s);

• Weather information;

• All observations relating to the implementation of control measures at the facility, 

including:

o A description of any discharges occurring at the time of the inspection; 

o Any previously unidentified discharges and/or pollutants from the site;

o Any evidence of, or the potential for, pollutants entering the drainage system;

o Observations regarding the physical condition of and around all outfalls including 

any flow dissipation devices, and evidence of pollutants in discharges and/or the 

receiving water; 

o Any control measures needing maintenance, repairs, or replacement;

• Any additional control measures needed to comply with the permit requirements; and

• Any incidents of noncompliance observed.

Any corrective action required as a result of a routine facility inspection must be 

performed consistent with Part 4 of this permit.

If you performed a discharge visual assessment required in Part 3.2 during your facility 

inspection, you may include the results of the assessment with the report required in Part 3.1.2, as 

long as all components of both types of inspections are included in the report.

3.2 Quarterly Visual Assessment of Stormwater Discharges.

3.2.1 Quarterly Visual Assessment Procedures.

Once each quarter for the entire permit term, you must collect a stormwater sample 

from each outfall (except as noted in Part 3.2.3) and conduct a visual assessment of each of 

these samples. These samples are not required to be collected consistent with 40 CFR Part 136 

procedures but should be collected in such a manner that the samples are representative of the 

stormwater discharge. Guidance on monitoring is available at 

www.epa.gov/npdes/stormwater/msgp.

The visual assessment must be made:

• Of a sample in a clean, clear glass, or plastic container, and examined in a well-lit

area; 

• On samples collected within the first 30 minutes of an actual discharge from a 

storm event. If it is not possible to collect the sample within the first 30 minutes of 

discharge, the sample must be collected as soon as practicable after the first 30

minutes and you must document why it was not possible to take samples within 

the first 30 minutes. In the case of snowmelt, samples must be taken during a 

period with a measurable discharge from your site; and

• For storm events, on discharges that occur at least 72 hours (3 days) from the 

previous discharge. The 72-hour (3-day) storm interval does not apply if you 

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document that less than a 72-hour (3-day) interval is representative for local storm 

events during the sampling period.

You must visually inspect or observe the sample for the following water quality 

characteristics:

• Color;

• Odor;

• Clarity (diminished); 

• Floating solids;

• Settled solids;

• Suspended solids;

• Foam;

• Oil sheen; and

• Other obvious indicators of stormwater pollution.

Whenever the visual assessment shows obvious signs of stormwater pollution, you must 

initiate the corrective action procedures in Part 4.

3.2.2 Quarterly Visual Assessment Documentation.

You must document the results of your visual assessments and maintain this 

documentation onsite with your SWPPP as required in Part 5.5. You are not required to submit 

your visual assessment findings to EPA, unless specifically requested to do so. Your 

documentation of the visual assessment must include, but not be limited to: 

• Sample location(s);

• Sample collection date and time, and visual assessment date and time for each sample;

• Personnel collecting the sample and performing visual assessment, and their signatures;

• Nature of the discharge (i.e., runoff or snowmelt);

• Results of observations of the stormwater discharge;

• Probable sources of any observed stormwater contamination; and 

• If applicable, why it was not possible to take samples within the first 30 minutes.

 Any corrective action required as a result of a quarterly visual assessment must be 

performed consistent with Part 4 of this permit.

3.2.3 Exceptions to Quarterly Visual Assessments.

Adverse Weather Conditions: When adverse weather conditions prevent the collection 

of samples during the quarter, you must take a substitute sample during the next 

qualifying storm event. Documentation of the rationale for no visual assessment for the 

quarter must be included with your SWPPP records as described in Part 5.5. Adverse 

conditions are those that are dangerous or create inaccessibility for personnel, such as 

local flooding, high winds, or electrical storms, or situations that otherwise make sampling 

impractical, such as extended frozen conditions. 

Climates with Irregular Stormwater Runoff: If your facility is located in an area where 

limited rainfall occurs during many parts of the year (e.g., arid or semi-arid climate) or in 

an area where freezing conditions exist that prevent runoff from occurring for extended 

periods, then your samples for the quarterly visual assessments may be distributed during 

seasons when precipitation runoff occurs. 

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Areas Subject to Snow: In areas subject to snow, at least one quarterly visual assessment 

must capture snowmelt discharge, as described in Part 6.1.3, taking into account the 

exception described above for climates with irregular stormwater runoff.

 

Inactive and Unstaffed Sites: The requirement for a quarterly visual assessment does not 

apply at a facility that is inactive and unstaffed, as long as there are no industrial 

materials or activities exposed to stormwater. To invoke this exception, you must maintain 

a statement in your SWPPP as required in Part 5.2.5.2 indicating that the site is inactive 

and unstaffed, and that there are no industrial materials or activities exposed to 

precipitation, in accordance with the substantive requirements in 40 CFR 122.26(g)(4)(iii). 

The statement must be signed and certified in accordance with Appendix B, Subsection 

11. If circumstances change and industrial materials or activities become exposed to 

stormwater or your facility becomes active and/or staffed, this exception no longer 

applies and you must immediately resume quarterly visual assessments. If you are not 

qualified for this exception at the time you are authorized under this permit, but during 

the permit term you become qualified because your facility is inactive and unstaffed, 

and there are no industrial materials or activities that are exposed to stormwater, then 

you must include the same signed and certified statement as above and retain it with 

your records pursuant to Part 5.5. 

Inactive and unstaffed facilities covered under Sectors G (Metal Mining), H (Coal Mines 

and Coal Mining-Related Facilities), and J (Non-Metallic Mineral Mining and Dressing), 

are not required to meet the “no industrial materials or activities exposed to stormwater” 

standard to be eligible for this exception from quarterly visual assessment, consistent with 

the requirements established in Parts 8.G.8.4, 8.H.8.1, and 8.J.8.1.

Substantially Identical Outfalls: If your facility has two or more outfalls that you believe 

discharge substantially identical effluents, as documented in Part 5.2.5.3, you may 

conduct quarterly visual assessments of the discharge at just one of the outfalls and 

report that the results also apply to the substantially identical outfall(s) provided that you 

perform visual assessments on a rotating basis of each substantially identical outfall 

throughout the period of your coverage under this permit. 

If stormwater contamination is identified through visual assessment performed at a 

substantially identical outfall, you must assess and modify your control measures as 

appropriate for each outfall represented by the monitored outfall. 

4. Corrective Actions. 

4.1 Conditions Requiring SWPPP Review and Revision to Eliminate Problems. 

When any of the following conditions occur or are detected during an inspection, 

monitoring or other means, or the EPA, or local, state or tribal entity informs you that any of the 

following conditions has occurred, you must review your SWPPP (e.g., sources of pollution, spill 

and leak procedures, non-stormwater discharges, selection, design, installation and 

implementation of your control measures) to determine if and where revisions may need to be 

made to eliminate the condition, prevent its reoccurrence, and ensure that effluent limits are 

met:

• An unauthorized release or discharge (e.g., spill, leak, or discharge of non-stormwater not 

authorized by this or another NPDES permit) occurs at your facility. 

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• A discharge violates a numeric effluent limit.

• Your control measures are not stringent enough for the discharge to meet applicable 

water quality standards or the non-numeric effluent limits in this permit. 

• A required control measure was never installed, was installed incorrectly, or not in 

accordance with Parts 2 and/or 8, or is not being properly operated or maintained. 

• Visual assessments indicate obvious signs of stormwater pollution (e.g., color, odor, 

floating solids, settled solids, suspended solids, foam). 

• The average of four quarterly sampling results exceeds an applicable benchmark (see 

Part 6.2.1.2). If less than four benchmark samples have been taken, but the results are 

such that an exceedance of the four quarter average is mathematically certain (i.e., if 

the sum of quarterly sample results to date is more than four times the benchmark level) 

this is considered a benchmark exceedance, triggering this review.

• Construction or a change in design, operation, or maintenance at your facility that 

significantly changes the nature of pollutants discharged in stormwater from your facility, 

or significantly increases the quantity of pollutants discharged.

4.2 Corrective Actions and Deadlines. 

4.2.1 Immediate Actions. 

In all circumstances, you must immediately take all reasonable steps necessary to 

minimize or prevent the discharge of pollutants until a permanent solution is installed and made 

operational, including cleaning up any contaminated surfaces so that the material will not 

discharge in subsequent storm events. 

Note: In this context, the term “immediately” requires you to, on the same day a 

condition requiring corrective action is found, take all reasonable steps to minimize or 

prevent the discharge of pollutants until a permanent solution is installed and made 

operational. However, if a problem is identified at a time in the work day when it is too 

late to initiate corrective action, the initiation of corrective action must begin on the 

following work day. 

4.2.2 Subsequent Actions. 

If you determine that additional changes are necessary beyond those implemented 

pursuant to Part 4.2.1, you must install a new or modified control and make it operational, or 

complete the repair, before the next storm event if possible, and within 14 calendar days from 

the time of discovery. If it is infeasible to complete the installation or repair within 14 calendar 

days, you must document why it is infeasible to complete the installation or repair within the 14-

day timeframe. You must also identify your schedule for completing the work, which must be 

done as soon as practicable after the 14-day timeframe but no longer than 45 days after 

discovery. 

Where your corrective actions result in changes to any of the controls or procedures 

documented in your SWPPP, you must modify your SWPPP accordingly within

14 calendar days of completing corrective action work.

These time intervals are not grace periods, but are schedules considered reasonable for 

documenting your findings and for making repairs and improvements. They are included in this 

permit to ensure that the conditions prompting the need for these repairs and improvements are 

not allowed to persist indefinitely. 

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4.3 Corrective Action Documentation. 

You must document the existence of any of the conditions listed in Part 4.1 within 24 

hours of becoming aware of such condition. You are not required to submit your corrective 

action documentation to EPA, unless specifically requested to do so. Include the following 

information in the documentation: 

• Identification and description of the condition triggering the need for corrective action 

review. For any spills or leaks, include the following information: a description of the 

incident including material, date/time, amount, location, and reason for spill, and any 

leaks, spills or other releases that resulted in discharges of pollutants to waters of U.S., 

through stormwater or otherwise; 

• Date the condition was identified; and

• A discussion of whether the triggering condition requires corrective action. For any spills 

or leaks, include response actions, the date/time clean-up completed, notifications 

made, and staff involved. Also include any measures taken to prevent the reoccurrence 

of such releases (see Part 2.1.2.4). 

You must also document the corrective actions taken that occurred as a result of the 

conditions listed in Part 4.1, within 14 days from the time of discovery of any of those conditions. 

Provide the dates when each corrective action was initiated and completed (or is expected to 

be completed). If applicable, document why it is infeasible to complete necessary installations 

or repairs within the 14-day timeframe and document your schedule for installing the controls

and making them operational as soon as practicable after the 14-day timeframe.

4.4 Effect of Corrective Action. 

If the event triggering the review is a permit violation (e.g., non-compliance with an 

effluent limit), correcting it does not remove the original violation. Additionally, failing to take 

corrective action in accordance with this section is an additional permit violation. EPA will 

consider the appropriateness and promptness of corrective action in determining enforcement 

responses to permit violations.

4.5 Substantially Identical Outfalls. 

If the event triggering corrective action is linked to an outfall that represents other 

substantially identical outfalls, your review must assess the need for corrective action for each 

outfall represented by the outfall that triggered the review. Any necessary changes to control 

measures that affect these other outfalls must also be made before the next storm event if 

possible, or as soon as practicable following that storm event. Any corrective actions must be 

conducted within the timeframes set forth in Part 4.2. 

5. Stormwater Pollution Prevention Plan (SWPPP). 

You must prepare a SWPPP for your facility before submitting your NOI for permit 

coverage. If you prepared a SWPPP for coverage under a previous version of this NPDES permit, 

you must review and update the SWPPP to implement all provisions of this permit prior to 

submitting your NOI. The SWPPP does not contain effluent limitations; the limitations are 

contained in Parts 2, 8, and 9 of the permit. The SWPPP is intended to document the selection, 

design, and installation of control measures. As distinct from the SWPPP, the additional 

documentation requirements (see Part 5.5) are intended to document the implementation 

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(including inspection, maintenance, monitoring, and corrective action) of the permit 

requirements.

Note that any discharges not expressly authorized under the MSGP are not covered by 

the MSGP or the permit shield provision of the CWA Section 402(k) and they cannot become 

authorized or shielded by disclosure to EPA via the SWPPP or by any other means (e.g., during an 

inspection).

5.1 Person(s) Responsible for SWPPP Preparation. 

The SWPPP shall be prepared in accordance with good engineering practices and to 

industry standards. The SWPPP may be developed by either a person on your staff or a third 

party you hire, and it shall be certified in accordance with the signature requirements in Part 

5.2.7. If EPA concludes that the SWPPP is not in substantial compliance with Part 5.2 of this permit, 

EPA may require the SWPPP to be reviewed, amended as necessary, and certified by a 

Professional Engineer, or for Sector G, H or J, by a Professional Geologist, with the education and

experience necessary to prepare an adequate SWPPP.

5.2 Contents of Your SWPPP.

 

For coverage under this permit, your SWPPP must contain all of the following elements:

• Stormwater pollution prevention team (see Part 5.2.1);

• Site description (see Part 5.2.2); 

• Summary of potential pollutant sources (see Part 5.2.3);

• Description of control measures (see Part 5.2.4);

• Schedules and procedures (see Part 5.2.5); 

• Documentation to support eligibility considerations under other federal laws (see 

Part 5.2.6); and

• Signature requirements (see Part 5.2.7). 

Where your SWPPP refers to procedures in other facility documents, such as a Spill 

Prevention, Control and Countermeasure (SPCC) Plan or an Environmental Management System 

(EMS), copies of the relevant portions of those documents must be kept with your SWPPP. 

5.2.1 Stormwater Pollution Prevention Team.

You must identify the staff members (by name or title) that comprise the facility’s 

stormwater pollution prevention team as well as their individual responsibilities. Your stormwater 

pollution prevention team is responsible for overseeing development of the SWPPP, any later 

modifications to it, and for compliance with the requirements in this permit. Each member of the 

stormwater pollution prevention team must have ready access to either an electronic or paper 

copy of applicable portions of this permit, the most updated copy of your SWPPP, other relevant 

documents or information that must be kept with the SWPPP.

5.2.2 Site Description.

Your SWPPP must include the following:

• Activities at the Facility. Provide a description of the nature of the industrial 

activities at your facility.

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• General location map. Provide a general location map (e.g., U.S. Geological 

Survey (USGS) quadrangle map) with enough detail to identify the location of 

your facility and all receiving waters for your stormwater discharges.

• Site map. Provide a map showing: 

 Boundaries of the property and the size of the property in acres; 

 Location and extent of significant structures and impervious surfaces;

 Directions of stormwater flow (use arrows);

 Locations of all stormwater control measures;

 Locations of all receiving waters, including wetlands, in the immediate vicinity 

of your facility. Indicate which waterbodies are listed as impaired and which 

are identified by your state tribe or EPA as Tier 2 or Tier 2.5 waters;

 Locations of all stormwater conveyances including ditches, pipes, and swales;

 Locations of potential pollutant sources identified under Part 5.2.3.2;

 Locations where significant spills or leaks identified under Part 5.2.3.3 have 

occurred; 

 Locations of all stormwater monitoring points;

 Locations of stormwater inlets and outfalls, with a unique identification code 

for each outfall (e.g., Outfall No. 1, No. 2), indicating if you are treating one or 

more outfalls as “substantially identical” under Parts 3.2.3, 5.2.5.3, and 6.1.1, 

and an approximate outline of the areas draining to each outfall;

 If applicable, municipal separate storm sewer systems and where your 

stormwater discharges to them;

 Areas of federally-listed critical habitat for endangered or threatened 

species, if applicable.

 Locations of the following activities where such activities are exposed to 

precipitation: 

o fueling stations;

o vehicle and equipment maintenance and/or cleaning areas;

o loading/unloading areas;

o locations used for the treatment, storage, or disposal of wastes; 

o liquid storage tanks;

o processing and storage areas;

o immediate access roads and rail lines used or traveled by carriers of raw 

materials, manufactured products, waste material, or by-products used or 

created by the facility; 

o transfer areas for substances in bulk; and

o machinery.

 Locations and sources of run-on to your site from adjacent property that 

contains significant quantities of pollutants.

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5.2.3 Summary of Potential Pollutant Sources. 

You must document areas at your facility where industrial materials or activities are 

exposed to stormwater or from which allowable non-stormwater discharges may be released. 

Industrial materials or activities include, but are not limited to: material handling equipment or 

activities; industrial machinery; raw materials; industrial production and processes; and 

intermediate products, by-products, final products, and waste products. Material handling 

activities include, but are not limited to: the storage, loading and unloading, transportation, 

disposal, or conveyance of any raw material, intermediate product, final product or waste 

product. For structures located in areas of industrial activity, you must be aware that the 

structures themselves are potential sources of pollutants. This could occur, for example, when 

metals such as aluminum or copper are leached from the structures as a result of acid rain. 

For each area identified, the description must include:

5.2.3.1 Activities in the Area. A list of the industrial activities exposed to stormwater (e.g., 

material storage; equipment fueling, maintenance, and cleaning; cutting steel beams). 

5.2.3.2 Pollutants. A list of the pollutant(s) or pollutant constituents (e.g., crankcase oil, zinc, 

sulfuric acid, and cleaning solvents) associated with each identified activity, which could 

be exposed to rainfall or snowmelt and could be discharged from your facility. The 

pollutant list must include all significant materials that have been handled, treated, 

stored, or disposed, and that have been exposed to stormwater in the three years prior 

to the date you prepare or amend your SWPPP.

5.2.3.3 Spills and Leaks. You must document where potential spills and leaks could occur that 

could contribute pollutants to stormwater discharges, and the corresponding outfall(s) 

that would be affected by such spills and leaks. You must document all significant spills 

and leaks of oil or toxic or hazardous pollutants that actually occurred at exposed areas, 

or that drained to a stormwater conveyance, in the three years prior to the date you 

prepare or amend your SWPPP. 

Note: Significant spills and leaks include, but are not limited to, releases of oil or 

hazardous substances in excess of quantities that are reportable under CWA Section 311 

(see 40 CFR 110.6 and 40 CFR 117.21) or Section 102 of the Comprehensive 

Environmental Response, Compensation and Liability Act (CERCLA), 42 USC §9602. This 

permit does not relieve you of the reporting requirements of 40 CFR 110, 40 CFR 117, and 

40 CFR 302 relating to spills or other releases of oils or hazardous substances. 

5.2.3.4 Non-Stormwater Discharges. You must document that you have evaluated for the 

presence of non-stormwater discharges. If non-stormwater discharges requiring NPDES 

permit coverage other than those specifically authorized in Part 1.1.3 will be discharged, 

such non-stormwater discharges are not covered by this permit or the permit shield 

provision of the CWA Section 402(k) and must be covered under another NPDES permit. 

Documentation of your evaluation must include:

• The date of the evaluation;

• A description of the evaluation criteria used;

• A list of the outfalls or onsite drainage points that were directly observed during 

the evaluation; and

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• The action(s) taken, such as a list of control measures used to eliminate 

unauthorized discharge(s), or documentation that a separate NPDES permit was 

obtained. For example, a floor drain was sealed, a sink drain was re-routed to 

sanitary, or an NPDES permit application was submitted for an unauthorized 

cooling water discharge.

5.2.3.5 Salt Storage. You must document the location of any storage piles containing salt used 

for deicing or other commercial or industrial purposes. 

5.2.3.6 Sampling Data. You must summarize all stormwater discharge sampling data collected 

at your facility during the previous permit term. 

5.2.4 Description of Control Measures to Meet Technology-Based and Water Quality-Based 

Effluent Limits. 

You must document the location and type of control measures you have specifically 

chosen and/or designed to comply with: 

• Effluent limits in Part 2.1.2; 

• Applicable effluent limitations guidelines-based limits in Part 2.1.3; 

• Water quality-based effluent limits in Part 2.2; 

• Any agreed-upon endangered species requirements in Part 2.3; and

• Applicable effluent limits in Parts 8 and 9.

Regarding your control measures, you must also document, as appropriate:

• How you addressed the selection and design considerations in Part 2.1.1. 

• How they address the pollutant sources identified in Part 5.2.3.

Effluent limit requirements in Part 2.1.2 that do not involve the site-specific selection of a 

control measure or are specific activity requirements (e.g., “drain fluids from equipment and 

vehicles that will be decommissioned”) are marked with an asterisk (*). For the requirements 

marked with an asterisk, you may include extra information (e.g., the types of 

vehicles/equipment to be drained of fluids and fate of those fluids, or you may just “cut-andpaste” these effluent limits verbatim into your SWPPP without providing additional 

documentation.

5.2.5 Schedules and Procedures. 

5.2.5.1 Pertaining to Control Measures Used to Comply with the Effluent Limits in Part 2. The 

following must be documented in your SWPPP:

• Good Housekeeping (See Part 2.1.2.2) – A schedule for regular pickup and 

disposal of waste materials, along with routine inspections for leaks and 

conditions of drums, tanks and containers; 

• Maintenance (See Part 2.1.2.3) – Preventative maintenance procedures, 

including regular inspections, testing, maintenance and repair of all control 

measures to avoid situations that may result in leaks, spills, and other releases, and 

any back-up practices in place should a runoff event occur while a control 

measure is off-line. The SWPPP shall include the schedule or frequency for 

maintaining all control measures used to comply with the effluent limits in Part 2; 

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• Spill Prevention and Response Procedures (See Part 2.1.2.4) – Procedures for 

preventing and responding to spills and leaks, including notification procedures. 

For preventing spills, include in your SWPPP the control measures for material 

handling and storage, and the procedures for preventing spills that can 

contaminate stormwater. Also specify cleanup equipment, procedures and spill 

logs, as appropriate, in the event of spills. You may reference the existence of 

other plans for Spill Prevention Control and Countermeasure (SPCC) developed 

for the facility under Section 311 of the CWA or BMP programs otherwise required 

by an NPDES permit for the facility, provided that you keep a copy of that other 

plan onsite and make it available for review consistent with Part 5.4; 

• Erosion and Sediment Control (Part 2.1.2.8) – If you use polymers and/or other 

chemical treatments as part of your controls, you must identify the polymers 

and/or chemicals used and the purpose; and

• Employee Training (Part 2.1.2.8) – The elements of your employee training plan 

shall include all, but not be limited to, the requirements set forth in Part 2.1.2.8, 

and also the following:

o The content of the training; The frequency/schedule of training for 

employees who have duties in areas of industrial activities subject to this 

permit;

o A log of the dates on which specific employees received training. 

5.2.5.2 Pertaining to Inspections. You must document in your SWPPP your procedures for 

performing, as appropriate, the types of inspections specified by this permit, including:

• Routine facility inspections (see Part 3.1) and;

• Quarterly visual assessment of stormwater discharges (see Part 3.2).

For each type of inspection performed, your SWPPP must identify:

• Person(s) or positions of person(s) responsible for inspection; 

• Schedules for conducting inspections, including tentative schedule for facilities in 

climates with irregular stormwater runoff discharges (see Part 3.2.3); and

• Specific items to be covered by the inspection, including schedules for specific 

outfalls.

If you are invoking the exception for inactive and unstaffed sites relating to routine facility 

inspections and quarterly visual assessments, you must include in your SWPPP the 

information to support this claim as required by Parts 3.1.1 and 3.2.3.

5.2.5.3 Pertaining to Monitoring. You must document in your SWPPP your procedures for 

conducting the five types of analytical monitoring specified by this permit, where 

applicable to your facility, including:

• Benchmark monitoring (see Part 6.2.1);

• Effluent limitations guidelines monitoring (see Part 6.2.2); 

• State- or tribal-specific monitoring (see Part 6.2.3); 

• Impaired waters monitoring (see Part 6.2.4); and

• Other monitoring as required by EPA (see Part 6.2.5). 

 

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For each type of monitoring, your SWPPP must document: 

• Locations where samples are collected, including any determination that two or 

more outfalls are substantially identical;

• Parameters for sampling and the frequency of sampling for each parameter;

• Schedules for monitoring at your facility, including schedule for alternate 

monitoring periods for climates with irregular stormwater runoff (see Part 6.1.6);

• Any numeric control values (benchmarks, effluent limitations guidelines, TMDLrelated requirements, or other requirements) applicable to discharges from each 

outfall; and

• Procedures (e.g., responsible staff, logistics, laboratory to be used) for gathering 

storm event data, as specified in Part 6.1. 

If you are invoking the exception for inactive and unstaffed sites for benchmark 

monitoring, you must include in your SWPPP the information to support this claim as 

required by Part 6.2.1.3. 

You must document the following in your SWPPP if you plan to use the substantially 

identical outfall exception for your quarterly visual assessment requirements in Part 3.2.3 

or your benchmark monitoring requirements in Part 6.2.1: 

• Location of each of the substantially identical outfalls; 

• Description of the general industrial activities conducted in the drainage area of 

each outfall;

• Description of the control measures implemented in the drainage area of each 

outfall;

• Description of the exposed materials located in the drainage area of each outfall 

that are likely to be significant contributors of pollutants to stormwater discharges;

• An estimate of the runoff coefficient of the drainage areas (low = under 40%; 

medium = 40 to 65%; high = above 65%); and

• Why the outfalls are expected to discharge substantially identical effluents.

5.2.6 Documentation to Support Eligibility Considerations Under Other Federal Laws.

5.2.6.1 Documentation Regarding Endangered Species. You must keep with your SWPPP the 

documentation supporting your determination with regard to Part 1.1.4.5 (Endangered 

and Threatened Species and Critical Habitat Protection).

5.2.6.2 Documentation Regarding Historic Properties. You must keep with your SWPPP the 

documentation supporting your determination with regard to Part 1.1.4.6 (Historic 

Properties Preservation). 

 

5.2.7 Signature Requirements.

You must sign and date your SWPPP in accordance with Appendix B, Subsection 11, 

including the date of signature. 

5.3 Required SWPPP Modifications.

You must modify your SWPPP based on the corrective actions and deadlines required 

under Part 4.2 and that you documented under Part 4.3, such that the triggering conditions for 

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corrective action in Part 4.1 do not reoccur. SWPPP modifications must be signed and dated in 

accordance with Appendix B, Subsection 11. 

5.4 SWPPP Availability.

You must retain a complete copy of your current SWPPP required by this permit at the 

facility in any accessible format. A complete SWPPP includes any documents incorporated by 

reference and all documentation supporting your permit eligibility pursuant to Part 5.2.6 of this 

permit, as well as your signed and dated certification page. Regardless of the format, the SWPPP 

must be immediately available to facility employees, EPA, a state or tribe, the operator of an 

MS4 receiving discharges from the site; and representatives of the U.S. Fish and Wildlife Service 

(USFWS) or the National Marine Fisheries Service (NMFS) at the time of an onsite inspection. Your 

current SWPPP or certain information from your current SWPPP described below must also be 

made available to the public (except any confidential business information (CBI) or restricted 

information (as defined in Appendix A)), but you must clearly identify those portions of the 

SWPPP that are being withheld from public access; to do so, you must comply with one of the 

following two options:

5.4.1 SWPPP Posting on the Internet.

If you provide a URL in your NOI where your SWPPP can be found, and maintain your 

current SWPPP at this URL, you will have complied with the public availability requirements for the 

SWPPP. To remain current, you must post any SWPPP modifications, records and other reporting 

elements required for the previous year at the same URL as the main body of the SWPPP. The 

SWPPP update shall be no later than 45 days after conducting the fourth (i.e., final) routine 

facility inspection for the year required in Part 3.1. If you did not provide a SWPPP URL in your NOI, 

you may reopen your NOI at any time subsequent to your original NOI submittal to add a URL 

where your current SWPPP can be found. You are not required to post any confidential business 

CBI or restricted information (as defined in Appendix A) (such information may be redacted), 

but you must clearly identify those portions of the SWPPP that are being withheld from public 

access. CBI may not be withheld from those staff cleared for CBI review within EPA, USFWS or 

NMFS. 

5.4.2 SWPPP Information Provided on NOI Form. 

If you did not provide a SWPPP URL in your NOI, your NOI must include the information 

required by Part 7.3. Irrespective of this requirement, EPA may provide access to portions of your 

SWPPP to a member of the public upon request (except any CBI or restricted information (as 

defined in Appendix A)). 

5.5 Additional Documentation Requirements.

You are required to keep the following inspection, monitoring, and certification records 

with your SWPPP that together keep your records complete and up-to-date, and demonstrate 

your full compliance with the conditions of this permit: 

• A copy of the NOI submitted to EPA along with any correspondence exchanged 

between you and EPA specific to coverage under this permit; 

• A copy of the acknowledgment you receive from the eNOI system assigning your NPDES 

ID;

• A copy of this permit (an electronic copy easily available to SWPPP personnel is also 

acceptable);

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• Documentation of maintenance and repairs of control measures, including the date(s) 

of regular maintenance, date(s) of discovery of areas in need of repair/replacement, 

and for repairs, date(s) that the control measure(s) returned to full function, and the 

justification for any extended maintenance/repair schedules (see Part 2.1.2.3);

• All inspection reports, including the Routine Facility Inspection Reports (see Part 3.1) and 

Quarterly Visual Assessment Reports (see Part 3.2);

• Description of any deviations from the schedule for visual assessments and/or monitoring, 

and the reason for the deviations (e.g., adverse weather or it was impracticable to 

collect samples within the first 30 minutes of a measurable storm event) (see Parts 3.2.3, 

6.1.4, and 6.2.1.2);

• Description of any corrective action triggering event/condition listed in Part 4.1 and 

documented per Part 4.3; 

• Documentation of any benchmark exceedances and the type of response to the 

exceedance you employed, including: 

o the corrective action taken; 

o a finding that the exceedance was due to natural background pollutant levels, 

or; 

o a finding that no further pollutant reductions were technologically available and 

economically practicable and achievable in light of best industry practice 

consistent with Part 6.2.1.2. 

• Documentation to support any determination that pollutants of concern are not 

expected to be present above natural background levels if you discharge directly to 

impaired waters, and that such pollutants were not detected in your discharge or were 

solely attributable to natural background sources (see Part 6.2.1.2); and

• Documentation to support your claim that your facility has changed its status from active 

to inactive and unstaffed with respect to the requirements to conduct routine facility 

inspections (see Part 3.1), quarterly visual assessments (see Part 3.2), and/or benchmark 

monitoring (see Part 6.2.1.3).

 

6. Monitoring.

You must collect and analyze stormwater samples and document monitoring activities 

consistent with the procedures described in Part 6 and Appendix B, Subsections 10 – 12, and any 

additional sector-specific or state/tribal-specific requirements in Parts 8 and 9, respectively. 

Refer to Part 7 for reporting and recordkeeping requirements. 

6.1 Monitoring Procedures. 

6.1.1 Monitored Outfalls.

Applicable monitoring requirements apply to each outfall authorized by this permit, 

except as otherwise exempt from monitoring as a “substantially identical outfall.” If your facility 

has two or more outfalls that you believe discharge substantially identical effluents, based on 

the similarities of the general industrial activities and control measures, exposed materials that 

may significantly contribute pollutants to stormwater, and runoff coefficients of their drainage 

areas, you may monitor the effluent of just one of the outfalls and report that the results also 

apply to the substantially identical outfall(s). As required in Part 5.2.5.3, your SWPPP must identify 

each outfall authorized by this permit and describe the rationale for any substantially identical 

outfall determinations. The allowance for monitoring only one of the substantially identical 

outfalls is not applicable to any outfalls with numeric effluent limitations. You are required to 

monitor each outfall covered by a numeric effluent limit as identified in Part 6.2.2.

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6.1.2 Commingled Discharges.

If discharges authorized by this permit commingle with discharges not authorized under 

this permit, any required sampling of the authorized discharges must be performed at a point 

before they mix with other waste streams, to the extent practicable.

6.1.3 Measurable Storm Events.

All required monitoring must be performed on a storm event that results in an actual 

discharge from your site (“measurable storm event”) that follows the preceding measurable 

storm event by at least 72 hours (3 days). The 72-hour (3-day) storm interval does not apply if you 

are able to document that less than a 72-hour (3-day) interval is representative for local storm 

events during the sampling period. In the case of snowmelt, the monitoring must be performed 

at a time when a measurable discharge occurs at your site.

For each monitoring event, except snowmelt monitoring, you must identify the date and 

duration (in hours) of the rainfall event, rainfall total (in inches) for that rainfall event, and time (in 

days) since the previous measurable storm event. For snowmelt monitoring, you must identify the 

date of the sampling event.

6.1.4 Sample Type.

You must take a minimum of one grab sample from a discharge resulting from a 

measurable storm event as described in Part 6.1.3. Samples must be collected within the first 30 

minutes of a measurable storm event. If it is not possible to collect the sample within the first 30 

minutes of a measurable storm event, the sample must be collected as soon as practicable 

after the first 30 minutes and documentation must be kept with the SWPPP explaining why it was 

not possible to take samples within the first 30 minutes. In the case of snowmelt, samples must be 

taken during a period with a measurable discharge.

6.1.5 Adverse Weather Conditions. 

When adverse weather conditions as described in Part 3.2.3 prevent the collection of 

samples according to the relevant monitoring schedule, you must take a substitute sample 

during the next qualifying storm event. Adverse weather does not exempt you from having to file 

a benchmark monitoring report in accordance with your sampling schedule. You must report 

any failure to monitor as specified in Part 7.4 indicating the basis for not sampling during the 

usual reporting period.

6.1.6 Climates with Irregular Stormwater Runoff.

If your facility is located in areas where limited rainfall occurs during parts of the year 

(e.g., arid or semi-arid climates) or in areas where freezing conditions exist that prevent runoff 

from occurring for extended periods, required monitoring events may be distributed during 

seasons when precipitation occurs, or when snowmelt results in a measurable discharge from 

your site. You must still collect the required number of samples. 

 

6.1.7 Monitoring Periods.

 

Monitoring requirements in this permit begin in the first full quarter following either January 

1, 2014 or your date of discharge authorization, whichever date comes later. If your monitoring is 

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required on a quarterly basis (e.g., benchmark monitoring), you must monitor at least once in 

each of the following 3-month intervals: 

• January 1 – March 31; 

• April 1 – June 30; 

• July 1 – September 30; and

• October 1 – December 31.

For example, if you obtain permit coverage on June 2, 2014, then your first monitoring quarter is 

July 1 - September 30, 2014. This monitoring schedule may be modified in accordance with Part 

6.1.6 if the revised schedule is documented with your SWPPP and provided to EPA with your first 

monitoring report. 

6.1.8 Monitoring for Allowable Non-Stormwater Discharges. 

You are only required to monitor allowable non-stormwater discharges (as delineated in 

Part 1.1.3) when they are commingled with stormwater discharges associated with industrial 

activity. 

6.2 Required Monitoring.

This permit includes five types of required analytical monitoring, one or more of which 

may apply to your discharge: 

• Quarterly benchmark monitoring (see Part 6.2.1)

• Annual effluent limitations guidelines monitoring (see Part 6.2.2); 

• State- or tribal-specific monitoring (see Part 6.2.3); 

• Impaired waters monitoring (see Part 6.2.4); and

• Other monitoring as required by EPA (see Part 6.2.5). 

When more than one type of monitoring for the same parameter at the same outfall 

applies (e.g., total suspended solids once per year for an effluent limit and once per quarter for 

benchmark monitoring at a given outfall), you may use a single sample to satisfy both 

monitoring requirements (i.e., one sample satisfying both the annual effluent limit sample and 

one of the four quarterly benchmark monitoring samples).

All required monitoring must be conducted in accordance with the procedures 

described in Appendix B, Subsection 10.D. 

6.2.1 Benchmark Monitoring.

This permit specifies pollutant benchmark concentrations that are applicable to certain 

sectors / subsectors. Benchmark monitoring data are primarily for your use to determine the 

overall effectiveness of your control measures and to assist you in knowing when additional 

corrective action(s) may be necessary to comply with the effluent limitations in Part 2. 

The benchmark concentrations are not effluent limitations; a benchmark exceedance, 

therefore, is not a permit violation. However, if corrective action is required as a result of a 

benchmark exceedance, failure to conduct required corrective action is a permit violation.

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At the Permittee’s discretion, more than four samples may be taken during separate 

runoff events and used to determine the average benchmark parameter concentration for 

facility discharges.

6.2.1.1 Applicability of Benchmark Monitoring. You must monitor for any benchmark 

parameters specified for the industrial sector(s), both primary industrial activity and any 

co-located industrial activities, applicable to your discharge. Your industry-specific 

benchmark concentrations are listed in the sector-specific sections of Part 8. If your 

facility is in one of the industrial sectors subject to benchmark concentrations that are 

hardness-dependent, you are required to submit to EPA with your first benchmark report 

a hardness value, established consistent with the procedures in Appendix J, that is 

representative of your receiving water. 

Samples must be analyzed consistent with 40 CFR Part 136 analytical methods and using 

test procedures with quantitation limits at or below benchmark values for all benchmark 

parameters for which you are required to sample.

6.2.1.2 Benchmark Monitoring Schedule. Benchmark monitoring must be conducted quarterly, 

as identified in Part 6.1.7, for your first four full quarters of permit coverage commencing 

no earlier than January 1, 2014. Facilities in climates with irregular stormwater runoff, as 

described in Part 6.1.6, may modify this quarterly schedule provided that this revised 

schedule is reported to EPA when the first benchmark sample is collected and reported, 

and that this revised schedule is kept with the facility’s SWPPP as specified in Part 5.5. 

When conditions prevent you from obtaining four samples in four consecutive quarters, 

you must continue monitoring until you have the four samples required for calculating 

your benchmark monitoring average.

Data not exceeding benchmarks: After collection of four quarterly samples, if the 

average of the four monitoring values for any parameter does not exceed the 

benchmark, you have fulfilled your monitoring requirements for that parameter for the 

permit term. 

Data exceeding benchmarks: After collection of four quarterly samples, if the average 

of the four monitoring values for any parameter exceeds the benchmark, you must, in 

accordance with Part 4, review the selection, design, installation, and implementation of 

your control measures to determine if modifications are necessary to meet the effluent 

limits in this permit, and either:

• Make the necessary modifications and continue quarterly monitoring until you 

have completed four additional quarters of monitoring for which the average 

does not exceed the benchmark; or

• Make a determination that no further pollutant reductions are technologically 

available and economically practicable and achievable in light of best industry 

practice to meet the technology-based effluent limits or are necessary to meet 

the water-quality-based effluent limitations in Parts 2.1 and 2.2 of this permit, in 

which case you must continue monitoring once per year. You must also 

document your rationale for concluding that no further pollutant reductions are 

achievable, and retain all records related to this documentation with your 

SWPPP. 

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In accordance with Part 4, you must review your control measures and perform any 

required corrective action immediately (or document why no corrective action is 

required), without waiting for the full four quarters of monitoring data, if an exceedance 

of the four quarter average is mathematically certain. If after modifying your control 

measures and conducting four additional quarters of monitoring, your average still 

exceeds the benchmark (or if an exceedance of the benchmark by the four quarter 

average is mathematically certain prior to conducting the full four additional quarters of 

monitoring), you must again review your control measures and take one of the two 

actions above.

Natural background pollutant levels: Following the first four quarters of benchmark 

monitoring (or sooner if the exceedance is triggered by less than four quarters of data, 

see above), if the average concentration of a pollutant exceeds a benchmark value, 

and you determine that exceedance of the benchmark is attributable solely to the 

presence of that pollutant in the natural background, you are not required to perform 

corrective action or additional benchmark monitoring provided that:

• The average concentration of your benchmark monitoring results is less than or 

equal to the concentration of that pollutant in the natural background;

• You document and maintain with your SWPPP, as required in Part 5.5, your 

supporting rationale for concluding that benchmark exceedances are in fact 

attributable solely to natural background pollutant levels. You must include in 

your supporting rationale any data previously collected by you or others 

(including literature studies) that describe the levels of natural background 

pollutants in your stormwater discharge; and 

• You notify EPA on your final quarterly benchmark monitoring report that the 

benchmark exceedances are attributable solely to natural background pollutant 

levels. 

Natural background pollutants include those substances that are naturally occurring in 

soils or ground water. Natural background pollutants do not include legacy pollutants 

from earlier activity on your site, or pollutants in run-on from neighboring sources which 

are not naturally occurring, such as other industrial sites or roadways. However, 

permittees may be eligible to discontinue monitoring for pollutants that occur solely from 

run-on sources and should consult the appropriate EPA Regional Office for related 

guidance. 

 

6.2.1.3 Exception for Inactive and Unstaffed Sites. The requirement for benchmark monitoring 

does not apply at a facility that is inactive and unstaffed, as long as there are no 

industrial materials or activities exposed to stormwater. To invoke this exception, you must 

do the following:

 

• Maintain a statement with your SWPPP stating that the site is inactive and 

unstaffed, and that there are no industrial materials or activities exposed to 

stormwater in accordance with the substantive requirements in 40 CFR 122.26(g) 

and sign and certify the statement in accordance with Appendix B, Subsection 

11; and 

• If circumstances change and industrial materials or activities become exposed to 

stormwater or your facility becomes active and/or staffed, this exception no 

longer applies and you must immediately begin complying with the applicable 

benchmark monitoring requirements under Part 6.2 as if you were in your first year 

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of permit coverage. You must indicate in your NOI that your facility has materials 

or activities exposed to stormwater or has become active and/or staffed.

• If you are not qualified for this exception at the time you are authorized under this 

permit, but during the permit term you become qualified because your facility is 

inactive and unstaffed, and there are no industrial materials or activities that are 

exposed to stormwater, then you must notify EPA of this change in your next 

benchmark monitoring report. You may discontinue benchmark monitoring once 

you have notified EPA, and prepared and signed the certification statement 

described above concerning your facility’s qualification for this special 

exception.

Note: This exception has different requirements for Sectors G, H, and J (see Part 8).

6.2.2 Effluent Limitations Monitoring.

6.2.2.1 Monitoring Based on Effluent Limitations Guidelines. Table 6-1 identifies the stormwater 

discharges subject to effluent limitation guidelines that are authorized for coverage 

under this permit. Beginning in the first full quarter following January 1, 2014 or your date 

of discharge authorization, whichever date comes later, you must monitor once per year 

at each outfall containing the discharges identified in Table 6-1 for the parameters 

specified in the sector-specific section of Part 8. 

Table 6-1. Required Monitoring for Effluent Limits Based on Effluent Limitations Guidelines

Regulated Activity Effluent Limit Monitoring 

Frequency

Sample 

Type

Discharges resulting from spray down or intentional 

wetting of logs at wet deck storage areas

See Part 8.A.7 1/year Grab

Runoff from phosphate fertilizer manufacturing 

facilities that comes into contact with any raw 

materials, finished product, by-products or waste 

products (SIC 2874)

See Part 8.C.4 1/year Grab

Runoff from asphalt emulsion facilities See Part 8.D.4 1/year Grab

Runoff from material storage piles at cement 

manufacturing facilities

See Part 8.E.5 1/year Grab

Mine dewatering discharges at crushed stone, 

construction sand and gravel, or industrial sand 

mining facilities

See Part 8.J.9 1/year Grab

Runoff from hazardous waste landfills See Part 8.K.6 1/year Grab

Runoff from non-hazardous waste landfills See Part 8.L.10 1/year Grab

Runoff from coal storage piles at steam electric 

generating facilities See Part 8.O.8 1/year Grab

Existing and new primary airports with 1,000 or more 

annual jet departures that discharge wastewater 

associated with airfield pavement deicing that 

contains urea commingled with stormwater

See Part 8.S.7 1/year Grab

6.2.2.2 Substantially Identical Outfalls. You must monitor each outfall discharging runoff from 

any regulated activity identified in Table 6-1. The substantially identical outfall monitoring 

provisions are not available for numeric effluent limits monitoring. 

6.2.2.3 Follow-up Actions if Discharge Exceeds Numeric Effluent Limit. You must conduct followup monitoring within 30 calendar days (or during the next qualifying runoff event, should 

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none occur within 30 days) of implementing corrective action(s) taken pursuant to Part 4 

in response to an exceedance of a numeric effluent limit contained in this permit. See 

Part 9 for specific monitoring requirements applicable to individual states or tribes. 

Monitoring must be performed for any pollutant(s) that exceeds the effluent limit. If this 

follow-up monitoring exceeds the applicable effluent limitation, you must:

• Submit an Exceedance Report: You must submit an Exceedance Report no later 

than 30 days after you have received your lab result consistent with Part 7.6; and

• Continue to Monitor: You must monitor, at least quarterly, until your discharge is in 

compliance with the effluent limit or until EPA waives the requirement for 

additional monitoring. 

6.2.3 State or Tribal Monitoring Provisions. 

6.2.3.1 Sectors Required to Conduct State or Tribal Monitoring. You must comply with any state 

or tribal monitoring requirements (see Part 9) applicable to your facility’s location. 

6.2.3.2 State or Tribal Monitoring Schedule. If a monitoring frequency is not specified for an 

applicable requirement in Part 9, you must monitor once per year for the entire permit 

term. 

6.2.4 Discharges to Impaired Waters Monitoring.

6.2.4.1 Permittees Required to Monitor Discharges to Impaired Waters. If you discharge to an 

impaired water, you must monitor all pollutants for which the waterbody is impaired and 

for which a standard analytical method exists (see 40 CFR Part 136). See EPA’s Discharge 

Mapping Tool which provides information on the impairment status of the water, 

potential pollutants of concern, as well as applicable total maximum daily loads (TMDLs). 

For the purposes of this permit, a permittee discharges to an impaired water if the 

discharge flows directly to the impaired water. 

Note: Your project will be considered to discharge to an impaired water if the first water 

of the U.S. to which you discharge is identified by a state, tribe, or EPA pursuant to 

Section 303(d) of the CWA as not meeting an applicable water quality standard, or is

included in an EPA-approved or established total maximum daily load (TMDL). For

discharges that enter a storm sewer system prior to discharge, the first water of the U.S. to 

which you discharge is the waterbody that receives the stormwater discharge from the 

storm sewer system.

If the pollutant of concern for the impaired waterbody is suspended solids, turbidity or 

sediment/sedimentation, you must monitor for Total Suspended Solids (TSS). If a pollutant 

of concern is expressed in the form of an indicator or surrogate pollutant, you must 

monitor for that indicator or surrogate pollutant. No monitoring is required when a 

waterbody’s biological communities are impaired but no pollutant, including indicator or 

surrogate pollutants, is specified as causing the impairment, or when a waterbody’s 

impairment is related to hydrologic modifications, impaired hydrology, or other nonpollutant. Permittees should consult the appropriate EPA Regional Office for any 

available guidance regarding required monitoring parameters under this part.

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If the Discharge Mapping Tool does not provide the information you need, you may 

consult the appropriate EPA Regional Office for guidance regarding required monitoring 

parameters under this part. 

6.2.4.2 Impaired Waters Monitoring and Schedule. 

Discharges to impaired waters without an applicable EPA-approved or established TMDL 

WLA: Beginning in the first full quarter following January 1, 2014 or your date of discharge 

authorization, whichever date comes later, you must monitor once per year at each 

outfall (except substantially identical outfalls) discharging stormwater to impaired waters 

without an applicable EPA-approved or established TMDL waste load allocation. This 

monitoring requirement no longer applies once the pollutant of concern is not detected 

above natural background levels in your stormwater monitoring results, and you 

document, as required in Part 5.5 (Additional Documentation Requirements), that this 

pollutant is not expected to be present above natural background levels in your 

discharge.

If the pollutant of concern is not present and not expected to be present in your 

discharge, or it is present but you have determined that its presence is caused solely by 

natural background sources, you must include a notification to this effect in your first 

monitoring report, after which you may discontinue monitoring. To support a 

determination that the pollutant’s presence is caused solely by natural background 

sources, you must document and maintain with your SWPPP, as required by Part 5.5: 

• An explanation of why you believe that the presence of the pollutant of concern 

in your discharge is not related to the activities or materials at your facility; and

• Data and/or studies that tie the presence of the pollutant of concern in your 

discharge to natural background sources in the watershed. 

Natural background pollutants include those that occur naturally as a result of native 

soils, and vegetation, wildlife, or ground water. Natural background pollutants do not 

include legacy pollutants from earlier activity on your site, or pollutants in run-on from 

neighboring sources that are not naturally occurring. However, permittees may be 

eligible to discontinue annual monitoring for pollutants that occur solely from these 

sources and should consult the appropriate EPA Regional Office for related guidance. 

Discharges to impaired waters with an EPA-approved or established TMDL WLA: For 

stormwater discharges to waters for which there is an EPA approved or established TMDL 

waste load allocation, you are not required to monitor for the pollutant for which the 

TMDL was written unless EPA informs you, upon examination of the applicable TMDL 

and/or WLA, that you are subject to such a requirement consistent with the assumptions 

of the applicable TMDL and/or WLA. EPA’s notice will include specifications on which 

pollutant to monitor and the required monitoring frequency. Permittees must consult the 

appropriate EPA Regional Office for guidance regarding required monitoring under this 

part. 

6.2.5 Additional Monitoring Required by EPA.

EPA may notify you of additional discharge monitoring requirements. Any such notice will 

briefly state the reasons for the monitoring, locations, and parameters to be monitored, 

frequency and period of monitoring, sample types, and reporting requirements.

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7. Reporting and Recordkeeping. 

7.1 Electronic Reporting Requirement. 

You must submit all NOIs, NOTs, NOEs, Annual Reports, Discharge Monitoring Reports 

(DMRs), and other reporting information as appropriate electronically, unless you have received

a waiver from your regional office based on one of the following conditions: 

• If your headquarters is physically located in a geographic area (i.e., zip code or census 

tract) that is identified as under-served for broadband Internet access in the most recent 

report from the Federal Communications Commission; or 

• If you have limitations regarding available computer access or computer capability. 

Waivers are only granted for a one-time use for a single information submittal, i.e., an 

initial waiver does not apply for the entire term of the permit. If you need to submit information 

on paper after your first waiver, you must apply for a new waiver. 

If you wish to obtain a waiver from submitting a report electronically, you must submit a 

request to your EPA Regional Office. EPA Regional Office contact information can be found in 

Part 7.9.1 of this permit. In that request you must document which exemption you meet, provide 

evidence supporting any claims, and a copy of your completed NOI form. A waiver may only 

be considered granted once you receive written confirmation from EPA or its authorized 

representative. Any paper version of a document or form for which you have been granted a 

waiver must be sent to the approving EPA Regional Office at the address in Part 7.9.1. 

7.2 Submitting Information to EPA. 

All information required to be submitted by this permit shall be submitted via EPA’s 

electronic NOI system, or “eNOI system”, per Part 7.1 unless the permit states otherwise or unless 

a waiver has been granted pursuant to Part 7.1. The eNOI system allows you to both prepare 

and submit required information using specific forms or suggested templates, found in the 

permit’s appendices. To access the eNOI system, go to 

www.epa.gov/npdes/stormwater/msgpenoi. 

Information required to be submitted to EPA via the eNOI System:

• Notice of Intent (Part 1.3.1); 

• No Exposure Certification (Part 1.5); 

• Notice of Termination (Part 1.4.1); 

• Discharge Monitoring Reports (Part 7.4); and

• Annual Report (Part 7.5). 

If you are given a waiver by the EPA Regional Office to submit information in paper form, 

you must utilize the required forms found in the Appendices to this permit and submit the above

forms directly to your EPA Regional Office at the address in Part 7.9.1. 

Information required to be submitted to an EPA Regional office at the address in Part 

7.9.1: 

• New Dischargers to Water Quality-Impaired Waters (Part 1.1.4.8); 

• Exceedance Report for Numeric Effluent Limits (Part 7.6); and 

• Additional Reporting (Part 7.7)

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7.3 Additional SWPPP Information Required in Your NOI. 

 

If you did not provide a SWPPP URL in your NOI per Part 5.4.1, your NOI must include the 

additional SWPPP information as follows:

• Onsite industrial activities exposed to stormwater, including potential spill and leak areas 

(see Parts 5.2.3.1, 5.2.3.3 and 5.2.3.5);

• Pollutants or pollutant constituents associated with each industrial activity exposed to 

stormwater that could be discharged in stormwater and/or any authorized nonstormwater discharges listed in Part 1.1.3 (see Part 5.2.3.2);

• Stormwater control measures you employ to comply with the non-numeric technologybased effluent limits required in Part 2.1.2 and Part 8, and any other measures taken to 

comply with the requirements in Part 2.2 Water Quality -Based Effluent Limitations (see 

Part 5.2.4). If you use polymers and/or other chemical treatments as part of your 

controls, you must identify the polymers and/or chemicals used and the purpose; and

• Schedule for good housekeeping and maintenance (see Part 5.2.5.1) and schedule for 

all inspections required in Part 3 (see Part 5.2.5.2). 

7.4 Reporting Monitoring Data to EPA.

All monitoring data collected pursuant to Part 6.2 must be submitted to EPA using EPA’s 

online eNOI system (www.epa.gov/npdes/eNOI) (unless a waiver from electronic reporting has 

been granted) no later than 30 days (email date or postmark date) after you have received 

your complete laboratory results for all monitored outfalls for the reporting period. If you have 

received a waiver per Part 7.1, paper reporting forms must be submitted by the same deadline 

to the appropriate address identified in Part 7.9.1. See Part 9 for specific reporting requirements 

applicable to individual states or tribes.

For benchmark monitoring, note that you are required to submit sampling results to EPA 

no later than 30 days after receiving laboratory results for each quarter that you are required to 

collect benchmark samples, in accordance with Part 6.2.1.2. If you collect multiple samples in a 

single quarter (e.g., due to adverse weather conditions, climates with irregular stormwater runoff, 

or areas subject to snow), you are required to submit all sampling results to EPA within 30 days of 

receiving the laboratory results.

 

7.5 Annual Report. 

You must submit an Annual Report to EPA electronically, per Part 7.2, by January 30th for 

each year of permit coverage containing information generated from the past calendar year. 

You must include the following information:

• The results or a summary of your past year’s routine facility inspection documentation 

required (Part 3.1.2) and quarterly visual assessment documentation (Part 3.2.2); 

• Information copied or summarized from the corrective action documentation 

required per Part 4 (if applicable). If corrective action is not yet completed at the 

time of submission of this Annual Report, you must describe the status of any 

outstanding corrective action(s); 

• Regarding benchmark monitoring resulting in four quarter average exceedances, 

the rationale for why you believe that no further pollutant reductions are achievable 

(i.e., technologically available and economically practicable and achievable in light 

of best industry practices) (Part 6.2.1.2); and

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• Any incidents of noncompliance observed or, if there is no noncompliance, a 

certification signed in accordance with Appendix B, Subsection 11 stating the facility 

is in compliance with this permit.

7.6 Exceedance Report for Numeric Effluent Limits. 

If follow-up monitoring pursuant to Part 6.2.2.3 exceeds a numeric effluent limit, you must 

submit an Exceedance Report to EPA no later than 30 days after you have received your lab 

results. Your report must include the following:

• NPDES ID; 

• Facility name, physical address and location; 

• Name of receiving water; 

• Monitoring data from this and the preceding monitoring event(s); 

• An explanation of the situation; what you have done and intend to do (should 

your corrective actions not yet be complete) to correct the violation; and

• An appropriate contact name and phone number.

Send the Exceedance Report to the appropriate EPA Regional Office listed in Part 7.9.1. 

7.7 Additional Reporting.

In addition to the reporting requirements stipulated in Part 7, you are also subject to the 

standard permit reporting provisions of Appendix B, Subsection 12. 

Where applicable, you must submit the following reports to the appropriate EPA Regional 

Office listed in Part 7.9.1, as applicable. If you discharge through an MS4, you must also submit 

these reports to the MS4 operator (identified pursuant to Part 5.2.2). 

• 24-hour reporting (see Appendix B, Subsection 12.F) - You must report any 

noncompliance which may endanger health or the environment. Any 

information must be provided orally within 24 hours from the time you become 

aware of the circumstances;

• 5-day follow-up reporting to the 24 hour reporting (see Appendix B, Subsection 

12.F) - A written submission must also be provided within five days of the time you 

become aware of the circumstances; 

• Reportable quantity spills (see Part 2.1.2.4) - You must provide notification, as 

required under Part 2.1.2.4, as soon as you have knowledge of a leak, spill, or 

other release containing a hazardous substance or oil in an amount equal to or in 

excess of a reportable quantity.

Where applicable, you must submit the following reports to the appropriate EPA Regional 

Office listed in Part 7.9.2, as applicable:

• Planned changes (see Appendix B, Subsection 12.A) – You must give notice to 

EPA promptly, no less than 60 days prior to making any planned physical 

alterations or additions to the permitted facility that qualify the facility as a new 

source or that could significantly change the nature or significantly increase the 

quantity of pollutants discharged;

• Anticipated noncompliance (see Appendix B, Subsection 12.B) – You must give 

advance notice to EPA of any planned changes in the permitted facility or 

activity which you anticipate will result in noncompliance with permit 

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requirements;

• Compliance schedules (see Appendix B, Subsection 12.F) - Reports of 

compliance or noncompliance with, or any progress reports on, interim and final 

requirements contained in any compliance schedule of this permit must be 

submitted no later than 14 days following each schedule date;

• Other noncompliance (see Appendix B, Subsection 12.G) - You must report all 

instances of noncompliance not reported in your monitoring report (pursuant to 

Part 7.1), compliance schedule report, or 24-hour report at the time monitoring 

reports are submitted; and

• Other information (see Appendix B, Subsection 12.H) – You must promptly submit 

facts or information if you become aware that you failed to submit relevant facts 

in your NOI, or that you submitted incorrect information in your NOI or in any 

report. 

7.8 Recordkeeping. 

You must retain copies of your SWPPP (including any modifications made during the term 

of this permit), additional documentation requirements pursuant to Part 5.5 (including 

documentation related to corrective actions taken pursuant to Part 4), all reports and

certifications required by this permit, monitoring data, and records of all data used to complete 

the NOI to be covered by this permit, for a period of at least three years from the date that your 

coverage under this permit expires or is terminated. 

7.9 Addresses for Reports. 

7.9.1 EPA Addresses. 

 

If you have obtained a waiver by the EPA Regional Office to submit information in paper 

form, paper copies of any reports or forms and all other written correspondence concerning 

discharges in any state, Indian country land, territory covered under this permit and directed to 

the EPA, including individual permit applications, must be sent to the address of the appropriate 

EPA Regional Office listed below:

7.9.1.1 Region 1: Connecticut, Massachusetts, and New Hampshire, Rhode Island, Vermont.

U.S. EPA Region 1

Office of Ecosystem Protection

NPDES Stormwater Program

5 Post Office Square, Suite 100 

(OEP 06-1) 

Boston, MA 02109-3912 

7.9.1.2 Region 2: New Jersey, New York, Puerto Rico, and Virgin Islands.

For Puerto Rico and the Virgin Islands

U.S. EPA Region 2

Caribbean Environmental Protection Division

NPDES Stormwater Program

Centro Europa Building

1492 Ponce de Leon Avenue, Suite 417 

San Juan, PR 00907-4127 

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Proposed 2013 MSGP 

For New Jersey and New York: 

(Coverage not available under this permit.)

U.S. EPA Region 2

NPDES Stormwater Program

290 Broadway, 24th Floor

New York, NY 10007-1866 

7.9.1.3 Region 3: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia.

U.S. EPA Region 3

Office of NPDES Permits and Enforcement

NPDES Permits Branch, Mailcode 3WP41

1650 Arch Street

Philadelphia, PA 19103

7.9.1.4 Region 4: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South 

Carolina, Tennessee.

(Coverage not available under this permit.) 

 U.S. EPA Region 4

 Water Protection Division

 NPDES Stormwater Program

 Atlanta Federal Center

 61 Forsyth Street SW

 Atlanta, GA 30303-3104 

7.9.1.5 Region 5: Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin.

U.S. EPA Region 5

NPDES & Technical Support

NPDES Stormwater Program

77 W. Jackson Blvd. 

Mail Code WN16J

Chicago, IL 60604-3507 

7.9.1.6 Region 6: Arkansas, Louisiana, Oklahoma, Texas, and New Mexico (except see Region 9 

for Navajo lands, and see Region 8 for Ute Mountain Reservation lands). 

U.S. EPA Region 6

NPDES Stormwater Program

1445 Ross Avenue, Suite 1200 

Dallas, TX 75202-2733 

7.9.1.7 Region 7: Iowa, Kansas, Missouri, Nebraska.

U.S. EPA Region 7

NPDES Stormwater Program

901 N. 5th Street 

Kansas City, KS 66101 

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7.9.1.8 Region 8: Colorado, Montana, North Dakota, South Dakota, Wyoming, Utah (except see 

Region 9 for Goshute Reservation and Navajo Reservation lands), the Ute Mountain 

Reservation in New Mexico, and the Pine Ridge Reservation in Nebraska.

U.S. EPA Region 8

 NPDES Stormwater Program

 999 18th Street, Suite 300 

 Denver, CO 80202-2466 

7.9.1.9 Region 9: Arizona, California, Hawaii, Nevada, Guam, American Samoa, the 

Commonwealth of the Northern Mariana Islands, the Goshute Reservation in Utah and 

Nevada, the Navajo Reservation in Utah, New Mexico, and Arizona, the Duck Valley 

Reservation in Idaho, Fort McDermitt Reservation in Oregon.

U.S. EPA Region 9

NPDES Stormwater Program

75 Hawthorne Street 

San Francisco, CA 94105-3901 

7.9.1.10 Region 10: Alaska, Idaho, Oregon (except see Region 9 for Fort McDermitt Reservation), 

Washington.

U.S. EPA Region 10

NPDES Stormwater Program

1200 6th Avenue (OW-130) 

Seattle, WA 98101-1128 

7.9.2 State and Tribal Addresses. 

See Part 9 (states and tribes) for the addresses of applicable states or tribes that require 

submission of information to their agencies. 

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